Acts and resolutions of the General Assembly of the state of Georgia 1989 [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 19890000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1989 19890000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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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 None Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLV Population of Georgia CountiesNumerically CLVIII Georgia Senatorial Districts, Alphabetically by County CLX Georgia Senators, Alphabetically by Name CLXII Georgia Senators, Numerically by District CLXIV Georgia House Districts, Alphabetically by County CLXVII Georgia Representatives, Alphabetically by Name CLXIX Georgia Representatives, Numerically by District CLXXVII Status of Referendum Elections CLXXXV Vetoes by the Governor CCLXVIII VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5109 Municipal Home Rule Actions 5129 Municipal OrdinancesTerms and Elections 5349 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral LV Population of Georgia CountiesAlphabetically CLV Population of Georgia CountiesNumerically CLVIII Georgia Senatorial Districts, Alphabetically by County CLX Georgia Senators, Alphabetically by Name CLXII Georgia Senators, Numerically by District CLXIV Georgia House Districts, Alphabetically by County CLXVII Georgia Representatives, Alphabetically by Name CLXIX Georgia Representatives, Numerically by District CLXXVII Status of Referendum Elections CLXXXV Vetoes by the Governor CCLXLVIII

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COMPILER'S NOTE General Acts and Resolutions of the 1989 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. While Proposed amendments to the Constitution of the State of Georgia are usually grouped together in Volume I, no amendments were proposed in 1989 . 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 1988 are printed in Volume II beginning at page 5109. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1988 are printed in Volume II beginning at page 5129. Code Sections 21-3-60 through 21-3-64 of the Official Code of Georgia Annotated allowed municipal governing authorities to adopt certain ordinances relating to terms of office and election of municipal officials. Such ordinances were required to be filed in the office of the Secretary of State by January 31, 1989. All ordinances adopted pursuant to these Code sections which were filed in the office of the Secretary of State are grouped together and printed in Volume II beginning on page 5349. There are no numbered pages between 1807 and 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index also contains a list of Code sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 1 3501 2 3505 3 3508 4 1 5 10 6 13 7 14 8 41 9 43 10 44 11 3510 12 3512 13 46 14 47 15 3542 16 48 17 50 18 3546 19 3567 20 52 21 54 22 56 23 3569 24 3574 25 3575 26 3578 27 57 28 3587 29 3605 30 3619 31 61 32 62 33 3622 34 74 35 80 36 3625 37 3627 38 81 39 3630 40 3633 41 144 42 3752 43 3755 44 3764 45 3767 46 3769 47 3774 48 3776 49 3778 50 3799 51 3802 52 3820 53 3823 54 3859 55 3865 56 3867 57 3869 58 3876 59 3878 60 3883 61 3885 62 3888 63 3894 64 3897 65 3899 66 3901 67 3904 68 3907 69 3910 70 3912 71 3914 72 3918 73 3920 74 3923 75 3925 76 3928 77 3931 78 3934 79 3938 80 3940 81 3942 82 3957 83 3960 84 3964 85 3967 86 3969 87 3976 88 3979 89 3981 90 3983 91 3985 92 3994 93 3996 94 3998 95 4001 96 4004 97 4006 98 4009 99 4013 100 153 101 4015 102 4018 103 4021 104 4024 105 4027 106 4030 107 4032 108 4037 109 4039 110 4042 111 4045 112 4048 113 4051 114 4054 115 4057 116 4059 117 4062 118 4065 119 4068 120 4071 121 4073 122 4075 123 4079 124 4084 125 4087 126 4090 127 4097 128 4099 129 4101 130 4104 131 4108 132 4111 133 4113 134 4116 135 4118 136 4123 137 4126 138 4128 139 4130 140 4132 141 4135 142 4139 143 4141 144 4144 145 4146 146 4148 147 4151 148 4154 149 4156 150 4158 151 4165 152 4167 153 4170 154 4173 155 4175 156 4178 157 4180 158 4182 159 4186 160 4189 161 4192 162 4195 163 4199 164 4202 165 4205 166 4208 167 4211 168 4214 169 154 170 159 171 163 172 165 173 4216 174 4218 175 4221 176 4224 177 4229 178 4233 179 4244 180 4246 181 4252 182 4256 183 4262 184 4266 185 4269 186 4271 187 4273 188 4275 189 4278 190 4283 191 4286 192 4288 193 4291 194 4293 195 4295 196 4311 197 4313 198 4321 199 4328 200 4330 201 4336 202 4338 203 4340 204 4342 205 4345 206 4348 207 4351 208 4354 209 4356 210 4358 211 4361 212 4364 213 4366 214 4369 215 4379 216 4382 217 4396 218 4398 219 4401 220 4403 221 4407 222 4411 223 4414 224 4416 225 4418 226 4422 227 4425 228 4434 229 4449 230 4452 231 4458 232 4465 233 4468 234 4472 235 4523 236 4542 237 4544 238 4548 239 178 240 4551 241 4554 242 4556 243 4559 244 4564 245 4566 246 4568 247 4572 248 4575 249 179 250 4577 251 4583 252 4588 253 4591 254 4594 255 4596 256 4630 257 4632 258 4635 259 4638 260 4640 261 4643 262 4646 263 4648 264 4650 265 4652 266 4657 267 4659 268 4662 269 4665 270 4667 271 4670 272 4686 273 4689 274 4691 275 4694 276 4696 277 4699 278 4701 279 4711 280 4716 281 4719 282 4721 283 4727 284 4734 285 4737 286 4740 287 4743 288 4746 289 4750 290 4767 291 4772 292 4774 293 4777 294 4782 295 4789 296 4792 297 4802 298 4805 299 4813 300 4816 301 4818 302 4821 303 4824 304 4829 305 4834 306 4836 307 4839 308 4842 309 4848 310 4850 311 4853 312 4855 313 4858 314 4860 315 4863 316 4865 317 4867 318 4869 319 4871 320 4873 321 4876 322 4878 323 4880 324 4882 325 4885 326 4887 327 4891 328 180 329 188 330 196 331 200 332 203 333 205 334 212 335 213 336 218 337 221 338 223 339 224 340 225 341 228 342 230 343 231 344 232 345 233 346 238 347 240 348 242 349 243 350 245 351 247 352 249 353 250 354 251 355 253 356 256 357 258 358 260 359 261 360 268 361 271 362 272 363 274 364 276 365 278 366 279 367 280 368 283 369 284 370 288 371 290 372 291 373 292 374 295 375 297 376 298 377 301 378 302 379 304 380 305 381 310 382 312 383 313 384 314 385 317 386 319 387 320 388 321 389 325 390 326 391 327 392 328 393 329 394 331 395 332 396 335 397 338 398 339 399 347 400 350 401 352 402 354 403 356 404 360 405 361 406 364 407 369 408 370 409 380 410 381 411 386 412 390 413 393 414 395 415 405 416 408 417 414 418 415 419 417 420 419 421 423 422 425 423 426 424 427 425 437 426 438 427 441 428 443 429 448 430 451 431 452 432 454 433 456 434 457 435 459 436 460 437 461 438 465 439 466 440 468 441 469 442 471 443 473 444 489 445 490 446 492 447 495 448 497 449 498 450 501 451 502 452 504 453 506 454 509 455 510 456 513 457 514 458 516 459 517 460 519 461 553 462 555 463 556 464 560 465 562 466 563 467 568 468 569 469 571 470 572 471 574 472 579 473 585 474 586 475 592 476 593 477 594 478 596 479 597 480 603 481 604 482 605 483 607 484 611 485 613 486 622 487 623 488 628 489 633 490 634 491 642 492 643 493 656 494 657 495 659 496 661 497 662 498 663 499 665 500 672 501 674 502 675 503 676 504 678 505 680 506 681 507 682 508 685 509 687 510 688 511 690 512 692 513 693 514 784 515 787 516 790 517 792 518 797 519 801 520 803 521 805 522 807 523 808 524 812 525 813 526 815 527 819 528 824 529 825 530 827 531 829 532 832 533 836 534 838 535 840 536 841 537 842 538 849 539 852 540 855 541 857 542 859 543 861 544 878 545 879 546 881 547 883 548 885 549 888 550 890 551 891 552 894 553 896 554 900 555 903 556 905 557 908 558 911 559 914 560 917 561 918 562 919 563 921 564 925 565 927 566 931 567 946 568 1027 569 1075 570 1078 571 1080 572 1082 573 1084 574 1090 575 1091 576 1096 577 1098 578 1108 579 1109 580 1110 581 1112 582 1115 583 1118 584 1119 585 1120 586 1122 587 1124 588 1127 589 1129 590 1143 591 1146 592 1148 593 1151 594 1153 595 1155 596 1160 597 1161 598 1178 599 1181 600 1182 601 1186 602 1193 603 1195 604 4896 605 1207 606 1210 607 1211 608 1227 609 1228 610 1230 611 1234 612 4901 613 1238 614 1241 615 4905 616 4916 617 4990 618 1242 619 1244 620 1245 621 1247 622 1248 623 1249 624 1257 625 4998 626 1276 627 1284 628 1285 629 1287 630 5003 631 1289 632 1295 633 1304 634 1317 635 1391 636 1394 637 1396 638 1398 639 1399 640 1400 641 1402 642 1403 643 1404 644 1406 645 1409 646 1414 647 1418 648 1420 649 1487 650 1489 651 1492 652 1552 653 1566 654 1569 655 1570 656 1579 657 1582 658 1584 659 5011 660 1585 661 1594 662 1598 663 1600 664 1602 665 1603 666 1605 667 1606 668 1617 669 1619 670 1633 671 1634 672 1636 673 1637 674 1639 675 1641 676 1659 677 1674 678 1682 679 1685 680 1687 681 1690 682 1693 683 1698 684 1701 685 1714 686 1716 687 1719 688 1721 689 1742 690 1748 691 1753 692 1756 693 1771 694 1780 695 1782 696 5078 697 1786 698 1792 699 5105 700 1794 701 1795 702 1803 703 1805 704 1806

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RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 1 59 2 697 3 700 4 701 5 703 6 704 7 705 8 706 9 707 10 708 11 710 12 711 13 713 14 715 15 716 16 717 17 719 18 722 19 725 20 726 21 727 22 729 23 730 24 731 25 734 26 735 27 736 28 737 29 741 30 746 31 747 32 751 33 754 34 760 35 763 36 764 37 768 38 771 39 773 40 776 41 781 42 1167 43 1168 44 1172 45 1749 BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. 1 4 1 4 450 501 5 336 218 7 535 840 8 599 1181 11 451 502 15 Vetoed 16 337 221 19 338 223 29 666 1605 30 661 1594 31 3 3508 32 339 224 41 1 3501 42 340 225 43 341 223 45 452 504 49 342 230 50 343 231 51 679 1685 53 513 693 54 665 1603 55 334 212 56 453 506 57 536 841 58 454 509 59 537 842 62 495 659 63 496 661 64 344 232 66 538 849 69 345 233 70 539 852 71 346 238 72 497 662 75 347 240 76 600 1182 90 20 52 91 5 10 92 6 13 93 7 14 94 540 855 96 348 242 98 8 41 99 455 510 101 541 857 102 456 513 104 Vetoed 106 349 243 107 350 245 108 351 247 110 678 1682 111 13 46 113 10 44 114 701 1795 118 38 81 119 352 249 120 353 250 121 354 251 123 635 1391 124 542 859 125 457 514 128 458 516 129 459 517 130 460 519 131 601 1186 134 355 253 138 2 3505 139 543 861 140 461 553 142 16 48 143 17 50 145 651 1492 146 462 555 151 677 1674 154 676 1659 155 356 256 157 602 1193 159 544 878 160 545 879 161 498 663 163 357 258 166 636 1394 169 546 881 174 12 3512 175 499 665 176 547 883 178 548 885 181 500 672 182 501 674 183 549 888 187 463 556 191 21 54 193 464 560 194 550 890 195 358 260 199 58 3876 201 637 1396 202 656 1579 203 551 891 205 465 562 206 552 894 207 502 675 208 553 896 209 359 261 210 466 563 214 360 268 215 634 1317 216 503 676 217 361 271 219 18 3546 220 598 1178 221 504 678 223 603 1195 225 660 1585 226 662 1598 229 362 272 234 554 900 236 59 3878 237 604 4896 238 467 568 239 555 903 240 556 905 245 9 43 247 638 1398 248 557 908 252 468 569 254 558 911 257 469 571 258 559 914 259 560 917 261 470 572 263 363 274 265 364 276 269 365 278 270 60 3883 271 561 918 272 471 574 274 472 579 280 639 1399 281 119 4068 283 61 3885 285 605 1207 288 562 919 290 120 4071 291 366 279 292 606 1210 294 62 3888 295 26 3578 297 24 3574 301 563 921 303 63 3894 304 64 3897 305 65 3899 306 330 196 307 66 3901 309 700 1794 314 505 680 315 681 1690 316 607 1211 321 564 925 322 473 585 324 474 586 326 67 3904 327 68 3907 333 565 927 334 566 931 335 567 946 336 568 1027 337 475 592 339 476 593 340 669 1619 341 667 1606 342 185 4269 344 668 1617 345 367 280 347 11 3510 350 14 47 351 Vetoed 356 680 1687 358 506 681 362 69 3910 364 664 1602 367 569 1075 368 477 594 370 31 61 371 70 3912 373 121 4073 375 704 1806 376 699 5105 377 570 1078 378 71 3914 380 571 1080 381 Vetoed 399 608 1227 400 572 1082 401 478 596 403 573 1084 405 574 1090 407 575 1091 408 507 682 409 702 1803 410 186 4271 411 72 3918 412 368 283 413 73 3920 414 335 213 415 609 1228 420 369 284 421 479 597 422 122 4075 427 480 603 428 576 1096 430 370 288 431 654 1569 432 371 290 434 74 3923 440 508 685 443 481 604 445 75 3925 446 187 4273 449 509 687 451 577 1098 454 76 3928 461 77 3931 463 482 605 464 Vetoed 466 483 607 469 578 1108 470 372 291 472 579 1109 473 Vetoed 474 32 62 475 484 611 476 485 613 481 640 1400 483 641 1402 484 510 688 485 580 1110 486 581 1112 487 582 1115 488 486 622 489 583 1118 492 610 1230 494 373 292 495 487 623 498 78 3934 499 27 57 501 703 1805 503 374 295 510 584 1119 512 79 3938 513 585 1120 519 670 1633 523 80 3940 524 424 427 525 425 437 526 123 4079 528 33 3622 529 586 1122 530 124 4084 531 375 297 535 587 1124 536 125 4087 538 376 298 545 426 438 546 377 301 549 126 4090 550 127 4097 551 81 3942 554 188 4275 556 427 441 558 82 3957 559 331 200 561 128 4099 562 39 3630 566 588 1127 567 611 1234 568 428 443 569 378 302 571 83 3960 573 129 4101 574 379 304 575 130 4104 576 Vetoed 578 84 3964 579 612 4901 581 380 305 582 642 1403 583 85 3967 587 589 1129 590 429 448 592 698 1792 599 381 310 600 663 1600 601 488 628 602 189 4278 606 590 1143 607 382 312 608 591 1146 609 190 4283 610 15 3542 611 383 313 612 430 451 613 592 1148 615 86 3969 616 431 452 617 593 1151 621 25 3575 622 384 314 626 432 454 629 511 690 630 170 159 634 433 456 637 434 457 638 435 459 642 191 4286 643 594 1153 645 192 4288 646 193 4291 647 194 4293 649 195 4295 652 87 3976 656 232 4465 658 131 4108 659 696 5078 661 436 460 664 88 3979 665 89 3981 668 196 4311 669 40 3633 670 197 4313 678 90 3983 679 437 461 680 198 4321 685 233 4468 687 132 4111 688 199 4328 689 438 465 692 385 317 716 439 466 718 200 4330 719 386 319 721 332 203 722 91 3985 723 658 1584 725 440 468 729 201 4336 730 202 4338 733 595 1155 734 441 469 736 203 4340 739 204 4342 740 205 4345 741 206 4348 742 442 471 743 387 320 747 207 4351 748 208 4354 749 443 473 757 171 163 758 444 489 760 209 4356 763 210 4358 767 211 4361 768 445 490 772 212 4364 773 388 321 774 213 4366 775 214 4369 778 215 4379 779 133 4113 780 216 4382 781 217 4396 782 218 4398 783 134 4116 786 219 4401 788 512 692 789 220 4403 790 221 4407 791 222 4411 794 223 4414 797 224 4416 799 596 1160 802 225 4418 803 226 4422 804 227 4425 805 228 4434 806 229 4449 807 230 4452 808 231 4458 810 597 1161 811 235 4523 812 92 3994 813 446 492 814 236 4542 815 237 4544 816 238 4548 817 239 178 820 36 3625 821 37 3627 822 613 1238 823 240 4551 824 44 3764 825 241 4554 826 242 4556 827 243 4559 828 93 3996 829 244 4564 830 245 4566 831 246 4568 832 247 4572 833 447 495 834 248 4575 835 94 3998 836 249 179 837 250 4577 839 389 325 841 95 4001 843 172 165 847 251 4583 849 252 4588 850 390 326 851 253 4591 852 254 4594 853 255 4596 854 256 4630 855 257 4632 856 258 4635 857 259 4638 858 260 4640 859 261 4643 861 96 4004 864 448 497 865 262 4646 866 263 4648 867 264 4650 868 265 4652 869 266 4657 870 267 4659 871 268 4662 872 269 4665 874 270 4667 875 271 4670 880 272 4686 881 274 4691 882 273 4689 884 275 4694 885 391 327 886 276 4696 888 277 4699 892 29 3605 893 28 3587 896 Vetoed 897 278 4701 898 449 498 901 279 4711 902 280 4716 903 135 4118 905 97 4006 906 98 4009 907 281 4719 913 136 4123 914 137 4126 918 138 4128 919 282 4721 921 283 4727 922 333 205 924 284 4734 925 285 4737 927 286 4740 928 287 4743 929 288 4746 932 614 1241 942 289 4750 944 290 4767 945 291 4772 948 292 4774 950 293 4777 956 294 4782 957 295 4789 959 296 4792 960 99 4013 961 297 4802 962 100 153 965 298 4805 966 659 5011 967 299 4813 968 139 4130 969 140 4132 970 141 4135 971 101 4015 972 102 4018 973 300 4816 976 301 4818 977 302 4821 979 303 4824 980 304 4829 981 103 4021 982 305 4834 983 306 4836 984 104 4024 990 307 4839 991 308 4842 992 309 4848 993 310 4850 994 105 4027 995 311 4853 996 312 4855 997 313 4858 998 234 4472 1000 106 4030 1002 107 4032 1003 108 4037 1004 109 4039 1005 110 4042 1006 111 4045 1007 112 4048 1008 113 4051 1010 114 4054 1012 115 4057 1014 116 4059 1016 117 4062 1017 118 4065 1018 142 4139 1019 143 4141 1021 144 4144 1022 145 4146 1024 146 4148 1025 616 4916 1026 615 4905 1027 147 4151 1029 148 4154 1030 149 4156 1032 150 4158 1033 151 4165 1034 152 4167 1039 314 4860 1041 153 4170 1042 154 4173 1043 155 4175 1044 156 4178 1045 315 4863 1046 157 4180 1048 316 4865 1056 158 4182 1057 159 4186 1058 160 4189 1059 317 4867 1060 318 4869 1061 319 4871 1062 320 4873 1063 321 4876 1064 322 4878 1065 323 4880 1066 324 4882 1067 325 4885 1068 326 4887 1075 43 3755 1076 327 4891 1080 161 4192 1081 617 4990 1082 162 4195 House Resolution Resolution Act No. Page No. 16 27 736 19 26 735 22 25 734 31 24 731 35 23 730 66 22 729 74 21 727 76 20 726 90 19 725 98 18 722 99 17 719 101 16 717 104 15 716 105 14 715 107 13 713 110 12 711 115 11 710 162 45 1749 165 10 708 190 9 707 218 8 706 228 7 705 241 6 704 242 5 703 277 4 701 295 3 700 317 2 697 Senate Bill Act No. Page No. 4 45 3767 5 690 1748 8 689 1742 11 46 3769 12 47 3774 25 Vetoed 26 691 1753 27 643 1404 30 514 784 31 489 633 37 688 1721 38 672 1636 39 407 369 41 657 1582 42 515 787 43 408 370 45 516 790 49 687 1719 50 392 328 51 517 792 52 618 1242 63 409 380 65 410 381 66 393 329 67 394 331 70 41 144 75 35 80 82 675 1641 83 631 1289 84 632 1295 85 619 1244 86 633 1304 88 411 386 101 620 1245 102 518 797 103 395 332 104 621 1247 105 644 1406 106 652 1552 113 490 634 116 412 390 117 396 335 122 673 1637 127 491 642 137 413 393 139 397 338 140 692 1756 141 693 1771 142 328 180 145 622 1248 147 22 56 150 623 1249 151 624 1257 152 398 339 159 519 801 160 399 347 161 48 3776 165 492 643 166 163 4199 167 329 188 168 49 3778 176 50 3799 180 686 1716 183 414 395 185 520 803 186 521 805 187 522 807 188 655 1570 194 697 1786 198 645 1409 199 415 405 200 400 350 202 625 4998 214 169 154 216 674 1639 225 646 1414 233 34 74 234 626 1276 235 Vetoed 239 416 408 240 523 808 241 417 414 244 524 812 245 647 1418 247 173 4216 249 627 1284 252 525 813 253 23 3569 254 51 3802 255 685 1714 257 418 415 260 628 1285 261 526 815 264 527 819 266 19 3567 267 684 1701 272 401 352 273 402 354 274 403 356 275 404 360 276 648 1420 277 649 1487 281 174 4218 285 52 3820 286 175 4221 287 528 824 294 529 825 297 530 827 298 405 361 299 671 1634 309 493 656 310 494 657 313 694 1780 314 53 3823 315 176 4224 317 650 1489 318 531 829 319 419 417 320 695 1782 321 406 364 323 629 1287 324 532 832 327 630 5003 329 420 419 331 30 3619 332 54 3859 334 177 4229 340 178 4233 341 164 4202 343 421 423 345 422 425 347 683 1698 350 682 1693 360 653 1566 365 179 4244 368 533 836 371 534 838 372 423 426 375 180 4246 376 181 4252 377 165 4205 379 166 4208 387 167 4211 390 42 3752 393 55 3865 394 168 4214 395 182 4256 397 56 3867 398 183 4262 400 184 4266 404 57 3869 Senate Resolution Resolution Act No. Page No. 5 1 59 22 28 737 25 29 741 35 42 1167 39 30 746 62 31 747 63 32 751 67 33 754 68 34 760 95 35 763 120 36 764 126 37 768 127 38 771 132 39 773 154 40 776 164 43 1168 171 44 1172 175 41 781

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1989 REVENUE AND TAXATIONEXCISE TAXES ON ROOMS, LODGINGS, AND ACCOMMODATIONS. Code Sections 48-13-50 through 48-13-53 Revised. No. 4 (House Bill No. 1). AN ACT To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, so as to create special districts pursuant to Article IX, Section II, Paragraph VI of the Georgia Constitution of 1983; to change the rates at which such tax may be levied by certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized by certain counties and municipalities; to change certain provisions with respect to expending funds collected pursuant to such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to define certain terms; to make certain provisions for holders of obligations contemplated herein; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, is amended by striking Article 3, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, and inserting in its place a new Article 3 to read as follows: ARTICLE 3 48-13-50. It is declared to be the purpose and intent of the General Assembly that: (1) Each county and municipality in this state shall be authorized to levy certain excise taxes as hereinafter provided in this article; and (2) Funds be made available for the purposes of promoting, attracting, stimulating, and developing conventions and tourism in the counties and municipalities and for the provision of other local government services. 48-13-50.1. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each such district shall include all of the territory within the county except territory located within the boundaries of any municipality which imposes an excise tax on charges to the public for rooms, lodgings, and accommodations under this article. 48-13-51. (a) (1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of

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the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), and (5) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality

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which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (4), and (5) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (5) of this subsection shall apply instead. (3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent, and the aggregate amount of all taxes may be up to 10 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent 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 government or local authority 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. (4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent, and the

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aggregate amount of all taxes may be up to 11 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 60 percent of the total taxes collected at the rate of 6 percent 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. Any tax levied pursuant to this paragraph (4) at the rate of 6 percent shall terminate upon the levy of a tax at the rate of 7 percent under the provisions of paragraph (5) of this subsection but in any event not later than June 30, 1990. Following the termination of a tax under this paragraph (4), 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 (including but not limited to the provisions of paragraph (5) of this subsection) but shall not thereafter be authorized to again levy a tax under this paragraph (4). (5) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to levy a tax under this Code section at a rate of 7

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percent, and the aggregate amount of all taxes may be up to 12 percent. A county or municipality levying a tax pursuant to this paragraph shall expend an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent 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 those purposes specified in subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (5) shall further expend (in each fiscal year during which the tax is collected under this paragraph (5)) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2017, provided that during any period

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during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph (5), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations. (6) Following the termination of a tax under paragraph (5) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (5) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1) or paragraph (3) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) of this subsection. (7) As used in this Code section, the term `aggregate taxes' and `the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms `fund' and `funding' shall include the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. The term `obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years. The term `multipurpose

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domed stadium facility' shall mean a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof. (8) For purposes of this Code section, a `private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986. For purposes of this Code section, `state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions or local water and sewer authorities. (9) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), or (5) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (4), or (5) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), or (5) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than

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the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (4), or (5) of this subsection. (11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (12) Any action by a local governing authority to increase the tax imposed under this Code section above 3 percent shall become effective no sooner than the first day of the second month following its adoption by the local governing authority. (b) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county. 48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state sales and use tax under Article 1 of Chapter 8 of this title. 48-13-53. The rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by 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 February 3, 1989.

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ELECTIONSCODE REVISION. Code Title 21 Amended. No. 5 (House Bill No. 91). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking the Attorney General, legislative counsel, and Secretary of State and inserting in lieu thereof the Attorney General, the legislative counsel, and the Secretary of State in subsection (a) of Code Section 21-1-2, relating to the summary of general amendments to the Constitution. (2) By adding a new paragraph immediately following paragraph (2) of Code Section 21-2-2, relating to definitions regarding elections, to be designated paragraph (2.1), to read as follows: (2.1) `Call' or `the call,' as used in relation to special elections or primaries, means the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action.

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(3) By striking paragraph (33) of Code Section 21-2-2, relating to definitions regarding elections, which reads as follows: (33) `The call,' as used in relation to special elections or primaries, means the affirmative action taken by the responsible public officer to cause a special election primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action., and inserting in lieu thereof the following: (33) Reserved. (4) By striking subsection (a) of this Code section and inserting in lieu thereof paragraph (1) of this subsection in paragraph (2) of subsection (a) of Code Section 21-2-131, relating to the fixing and publishing of qualification fees. (5) By striking section and inserting in lieu thereof Section in paragraph (1) and by striking elegible and inserting in lieu thereof eligible in paragraph (2) of subsection (a) of Code Section 21-2-212, relating to appointment of county deputy registrars. (6) By striking (ZIP) and inserting in lieu thereof (ZIP Code) in subsection (a) of Code Section 21-2-240, relating to procedure upon change of an elector's residence. (7) By deleting the comma following ink in subsection (a), by deleting the comma following question in subsection (b), and by striking ballots and inserting in lieu thereof ballot in subsection (d) of Code Section 21-2-325, relating to the form of ballot labels generally. (8) By adding a new paragraph immediately following paragraph (2) of Code Section 21-3-2, relating to definitions regarding elections, to be designated paragraph (2.1), to read as follows: (2.1) `Call' or `the call,' as used in relation to special elections or special primaries, means the affirmative action taken by the responsible public officer to cause a special election or special primary to be held. The date of the call shall be the date

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of the first publication in a newspaper of appropriate circulation of such affirmative action. (9) By striking paragraph (34) of Code Section 21-3-2, relating to definitions regarding elections, which reads as follows: (34) `The call,' as used in relation to special elections or special primaries, means the affirmative action taken by the responsible public officer to cause a special election or special primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action., and inserting in lieu thereof the following: (34) Reserved. (10) By striking the comma immediately following delivery in subsection (b) of Code Section 21-3-283, relating to applications for absentee ballots. (11) By deleting the subsection (a) designation from Code Section 21-5-9, relating to criminal penalties. (12) By inserting the between which and election in subparagraph (a)(2)(B) of Code Section 21-5-34, relating to disclosure reports. (13) By adding a comma immediately following address in paragraph (3) and by striking $20,000. and inserting in lieu thereof $20,000.00; in subparagraph (B) of paragraph (3); by striking $20,000. `Net and inserting in lieu thereof $20,000.00. As used in this paragraph, the term `net and by striking the period immediately following located and inserting in lieu thereof a semicolon in paragraph (4); and by inserting Code between this and section in paragraph (6) of subsection (b) of Code Section 21-5-50, relating to filing by public officers. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 7, 1989. CRIMES AND OFFENSESFORECLOSURE FRAUD. Code Section 16-9-60 Amended. No. 6 (House Bill No. 92). AN ACT To amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: (c) A person who violates subsection (b) 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 February 7, 1989.

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OFFICIAL CODE OF GEORGIA ANNOTATEDCORRECTIONS AND REENACTMENT. No. 7 (House Bill No. 93). 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 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking anti-syphon and inserting in lieu thereof anti-siphon both times it appears in subsection (a) and once in subsection (c) of Code Section 2-1-4, relating to anti-siphon devices for irrigation systems. Section 3 . Reserved. Section 4 . Reserved. Section 5 . Reserved. Section 6 . Reserved.

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Section 7 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By striking paragraph (2) and inserting in lieu thereof paragraph in paragraph (2) of subsection (b) of Code Section 7-1-99, relating to duties of the department regarding interest and usury complaints. (2) By striking subsections (c) and (d) and inserting in lieu thereof this subsection and subsection (c) in paragraph (4) of subsection (d) of Code Section 7-1-115, relating to winding up voluntary dissolution proceedings. (3) By striking the periods at the end of paragraphs (1) and (2) of Code Section 7-1-746, relating to right to deal in a corporation's stock or obligations, and inserting in lieu thereof semicolons and by striking the period and inserting in lieu thereof ; and at the end of paragraph (3) of said Code section. (4) By striking ; or from the end of paragraph (1) of subsection (c) of Code Section 7-1-947, relating to application for membership in small minority business development corporation, and inserting in lieu thereof a semicolon and by striking paragraph (3) of that subsection and inserting in lieu thereof the following: (3) Seven hundred fifty thousand dollars. (5) By striking commissioner wherever it appears in Chapter 3, the Georgia Industrial Loan Act, and inserting in lieu thereof Commissioner. (6) By striking industrial loan commissioner and inserting in lieu thereof Industrial Loan Commissioner in paragraph (1) of Code Section 7-3-3, relating to definitions regarding industrial loans. (7) By striking collectible and inserting in lieu thereof collectable in Code Section 7-4-12, relating to interest on judgments. (8) By striking industrial loan commissioner and inserting in lieu thereof Industrial Loan Commissioner both times it appears and by striking Title 7 and inserting in lieu thereof this

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title in Code Section 7-4-19, relating to civil actions for certain enforcement proceedings. Section 8 . Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking are prepared and inserting in lieu thereof is prepared and by striking their submission and inserting in lieu thereof its submission in subsection (c) of Code Section 8-2-24, regarding an advisory committee for certain state codes. (2) By striking state-owned and inserting in lieu thereof state owned in subsection (b) of Code Section 8-2-27, relating to conformance of building design to certain energy codes. (3) By striking Mobile Home and inserting in lieu thereof Manufactured Housing in paragraph (2) of Code Section 8-2-131, relating to definitions regarding manufactured homes. (4) By striking forebear and inserting in lieu thereof forbear in paragraph (5) of subsection (b) of Code Section 8-3-35, relating to legislative findings and additional powers of housing authorities. (5) By striking duties and inserting in lieu thereof duties, in subsection (c) of Code Section 8-3-51, relating to vesting of housing authority powers. (6) By striking insurance associations and inserting in lieu thereof insurance associations, and by striking guardians, trustees and inserting in lieu thereof guardians, trustees, in Code Section 8-3-81, relating to investments in housing authority obligations. (7) By striking article and inserting in lieu thereof part in paragraph (25) of subsection (a) and by striking the `Georgia Residential Finance Authority Act,' and inserting in lieu thereof this part in paragraph (30) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority. (8) By striking the periods at the end of paragraphs (1), (2), (4), (5), (6), and (7) of subsection (e) and inserting semicolons in

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lieu thereof, by striking the period at the end of subparagraph (e)(3)(E) and inserting in lieu thereof a semicolon, and by striking the period and inserting in lieu thereof ; and at the end of paragraph (8) of subsection (e) of Code Section 8-3-177, relating to loans by the Georgia Residential Finance Authority. (9) By striking rental of, and inserting in lieu thereof rental of in division (b)(1)(A)(ii) and by striking twenty-four and inserting in lieu thereof 24 in paragraph (2) of subsection (b) of Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings. (10) By striking by an other and inserting in lieu thereof by any other in subsection (f) of Code Section 8-3-209, relating to investigations regarding fair housing. Section 9 . Reserved. Section 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking the comma following July 1 in the last sentence of division (b)(12)(H)(i), by striking term of any and inserting in lieu thereof term or any in subparagraph (b)(12)(J), and by striking matter and inserting in lieu thereof manner in the next-to-last sentence in subparagraph (b)(16)(D) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are unlawful. (2) By striking re-register and inserting in lieu thereof register in subsection (a) of Code Section 10-1-490, relating to business using trade, partnership, or other name not showing ownership to file registration statement. (3) By striking Chapter 9 and inserting in lieu thereof Chapter 9 or Chapter 9A in Code Section 10-1-492, relating to exemption of corporations and limited or professional partnerships from the provisions of Part 2 of Article 16 of Chapter 1 of this title. (4) By striking legislature and inserting in lieu thereof the General Assembly in subsection (b) of Code Section 10-4-5, relating to powers and duties of the Commissioner of Agriculture with respect to state licensed and bonded warehouses.

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(5) By striking legislature and inserting in lieu thereof General Assembly in subsection (b) of Code Section 10-4-6, relating to procedure for adopting or changing rules and regulations relating to warehousing practices. (6) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance in Code Section 10-4-25, relating to when insurance on stored products required. (7) By striking State Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance in Code Section 10-4-103, relating to insurance as a prerequisite for license under Part 1 of Article 3 of Chapter 4 of this title. (8) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance in Code Section 10-4-143, relating to fire and extended coverage insurance on stored tobacco. (9) By striking short- and inserting in lieu thereof short-term debt in subparagraph (c)(1)(H) of Code Section 10-5-5, relating to registration of securities. (10) By striking the Georgia Securities Act of 1957 or and inserting in lieu thereof the `Georgia Securities Act of 1957' or in paragraphs (1) and (2) of subsection (k) and by striking 3:00 P.M. and inserting in lieu thereof Three o'clock P.M. in subparagraph (k)(2)(A) of Code Section 10-5-6, relating to registration of securities. (11) By adding the word or at the end of subparagraph (d)(1)(B) of Code Section 10-5-14, relating to civil liabilities from sales of securities. (12) By striking semi-precious and inserting in lieu thereof semiprecious in paragraph (3) of Code Section 10-5A-1, relating to definitions used in Chapter 5A of this title. (13) By striking commissioner and inserting in lieu thereof Commissioner in subsection (b) of Code Section 10-5A-24, relating to the office of Commissioner of Securities. (14) By striking theatres and inserting in lieu thereof theatres in paragraph (3) of Code Section 10-9-3, relating to definitions under the Geo. L. Smith II Georgia World Congress Center Act.

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(15) By adding at the end of Code Section 10-9-3, relating to definitions under the Geo. L. Smith II World Congress Center Act, a new paragraph (4) to read as follows: (4) `Stadium' means a fully enclosed, climate controlled, multipurpose sports exhibition hall in which public participation in financing shall not exceed 30 percent of the cost of the project, including the purchase of land, construction of the stadium, and the operation thereof. (16) By striking paragraphs (12) through (15) of subsection (b) of Code Section 10-9-4, relating to the purpose of the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in lieu thereof the following: (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; and (13) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (c) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority. (17) By striking theatres and inserting in lieu thereof theatres in subsection (c) of Code Section 10-9-16.1, relating to the authority of the Geo. L. Smith II Georgia World Congress Center Authority to contract with counties and municipalities. Section 11 . Reserved. Section 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking Title 12 and inserting in lieu thereof this title in Code Section 12-4-51, relating to the effect of the Ground Water Use Act of 1972 on the Oil and Gas and Deep Drilling Act of 1975.

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(2) By striking Code Sections 12-13-9(f) and 12-13-9(g) and inserting in lieu thereof subsections (f) and (g) of Code Section 12-13-9 in subsection (c) of Code Section 12-13-2, relating to the public policy of the Georgia Underground Storage Tank Act. (3) By striking paragraphs (11), (13), (15), and (16) of Code Section 12-13-3, relating to definitions of terms used in the Georgia Underground Storage Tank Act, and inserting in lieu thereof new paragraphs (11), (13), (15), and (16) to read as follows: (11) `Petroleum' means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60) degrees Fahrenheit and 14.7 pounds per square inch absolute). (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 degrees Fahrenheit and 14.7 pounds per square inch absolute), but not including any substance regulated as a hazardous waste under Article 3 of Chapter 8 of this title, the `Georgia Hazardous Waste Management Act,' as amended. (15) `Terminal' means a bulk storage facility for storing petroleum products supplied by pipeline or marine vessel. (16) `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. (4) By striking paragraphs (4) and (6) of Code Section 12-13-4, relating to exceptions under the Georgia Underground Storage Tank Act, and inserting in lieu thereof new paragraphs (4) and (6) to read as follows: (4) Any pipeline facility, including gathering lines:

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(A) Regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. 1671, et seq.; (B) Regulated under the Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. 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; (6) Any storm-water or waste-water collection system; (5) By striking Underground Storage Trust Fund and inserting in lieu thereof Underground Storage Tank Trust Fund in subsection (f) of Code Section 12-13-9, relating to financial responsibility and claims under the Georgia Underground Storage Tank Act. (6) By striking the effective date of this chapter and inserting in lieu thereof July 1, 1988, in subsection (c) of Code Section 12-13-13, relating to notification by owners of underground storage tanks. (7) By striking herein provided and inserting in lieu thereof provided in such Code section in Code Section 12-13-16, relating to hearings and review under the Georgia Underground Storage Tank Act. Section 13 . Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By deleting the comma between building and structure in subsection (b) of Code Section 13-8-2, relating to contracts contravening public policy. (2) By striking representatives and inserting in lieu thereof representative in the introductory language of subsection (c), by adding of this paragraph following subparagraph (B) and by striking representatives and inserting in lieu thereof representative in subparagraph (c)(3)(A), and by adding a comma between thereof and to in paragraph (5) of subsection (c) of Code Section 13-8-15, relating to unfair methods of competition and unfair or deceptive acts or practices.

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(3) By striking herein and inserting in lieu thereof in this subsection in paragraph (3), by striking hereinabove specified and inserting in lieu thereof as specified in this subsection in paragraph (4), and by striking hereunder and inserting in lieu thereof pursuant to this subsection in paragraph (6) of subsection (c) of Code Section 13-8-16, relating to the return of surplus parts inventory. (4) By striking hereunder and inserting in lieu thereof under this subsection in subsection (a) and by striking herein and inserting in lieu thereof in this subsection in subsection (b) of Code Section 13-8-17, relating to warranty agreements. (5) By striking herein and inserting in lieu thereof in this subsection in Code Section 13-8-19, relating to the failure to renew, termination of, or restriction on transfer of a franchise without due cause. (6) By striking herein and inserting in lieu thereof by this subsection in subsection (b) of Code Section 13-8-22, relating to the repurchase of inventory upon termination of a franchise. (7) By adding a comma between contract and and in Code Section 13-8-23, relating to the repurchase of inventory upon the death or incapacity of a dealer or majority stockholder of a corporate dealer. (8) By striking representatives and inserting in lieu thereof representative in the introductory language of subsection (c) and by adding of this paragraph following subparagraph (B) and striking representatives and inserting in lieu thereof representative in subparagraph (c)(3)(A) of Code Section 13-8-35, relating to unfair methods of competition. (9) By striking herein and inserting in lieu thereof in this subsection in paragraph (3), by striking hereinabove specified and inserting in lieu thereof as specified in this subsection in paragraph (4), and by striking hereunder and inserting in lieu thereof pursuant to this subsection in paragraph (6) of subsection (c) of Code Section 13-8-36, relating to the return of surplus parts in inventory.

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(10) By striking herein and inserting in lieu thereof in this Code section in Code Section 13-8-39, relating to the failure to renew, termination of, or restriction on the transfer of a franchise without due cause. (11) By adding a comma between contract and and in Code Section 13-8-43, relating to the repurchase of inventory upon the death or incapacity of a dealer or majority stockholder of a corporate dealer. Section 14 . Reserved. Section 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking Chapter 9 and inserting in lieu thereof Chapter 9A in paragraph (11) of subsection (e) of Code Section 15-6-77, relating to fees of clerks of the superior courts. Section 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking the word have between or and been and inserting in lieu thereof the word has in paragraph (7) of Code Section 16-9-92, relating to definitions in computer related offenses. (2) By striking subparagraph (c)(2)(N) of Code Section 16-10-51, relating to bail jumping generally, which reads as follows: (N) Conversion of leased personal property, as provided in Code Section 16-8-19;, and inserting in lieu thereof the following: (N) Reserved; (3) By striking an and inserting in lieu thereof on in paragraph (2) of Code Section 16-10-97, relating to intimidation or injury of grand or petit juror or court officer. (4) By striking subsection and inserting in lieu thereof paragraph in paragraph (2) of Code Section 16-11-33, relating to unlawful assembly.

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(5) By striking law or a felony and inserting in lieu thereof law of a felony in subsection (d) of Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers. (6) By striking military identification and inserting in lieu thereof military identification card in paragraph (5) of Code Section 16-12-170, relating to definitions of terms relating to the sale or possession of cigarettes and tobacco related objects by minors. (7) By striking ANDA and inserting in lieu thereof NDA in paragraph (2) of subsection (a) of Code Section 16-13-4, relating to approval by the Food and Drug Administration as a prerequisite to sale of controlled substances. (8) By adding a comma between drug and he and between case and place in subsection (a) of Code Section 16-13-73, relating to labeling of containers containing dangerous drugs. (9) By striking Code Section 16-14-3, relating to definitions in the Georgia RICO Act and inserting in lieu thereof a new Code Section 16-14-3 to read as follows: 16-14-3. As used in this chapter, the term: (1) `Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States. (2) (A) `Beneficial interest' means either of the following: (i) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.

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(B) `Beneficial interest' does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (3) `Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter. (4) `Criminal proceeding' means any criminal proceeding commenced by an investigative agency under any provision of this chapter. (5) `Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other date compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item. (6) `Enterprise' means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. (7) `Investigative agency' means the Department of Law or the office of any district attorney. (8) `Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after July 1, 1980, and that the last of such incidents occurred within four years, excluding any periods of imprisonment, after the commission of a prior incident of racketeering activity.

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(9) (A) `Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state: (i) Article 2 of Chapter 13 of this title, relating to controlled substances; (ii) Article 3 of Chapter 13 of this title, known as the `Dangerous Drugs Act'; (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide; (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; (vi) Article 3 of Chapter 7 of this title, relating to arson; (vii) Code Section 16-7-1, relating to burglary; (viii) Code Section 16-9-1, relating to forgery in the first degree; (ix) Article 1 of Chapter 8 of this title, relating to theft; (x) Article 2 of Chapter 8 of this title, relating to robbery; (xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering; (xii) Code Section 16-12-80, relating to distributing obscene materials; (xiii) Code Section 16-10-2, relating to bribery;

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(xiv) Code Section 16-10-93, relating to influencing witnesses; (xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications; (xvi) Code Section 16-10-94, relating to tampering with evidence; (xvii) Code Section 16-12-22, relating to commercial gambling; (xviii) Code Section 3-3-27, relating to distilling or making liquors; (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the `Georgia Firearms and Weapons Act'; (xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material; (xxi) Code Section 10-5-24, relating to violations of the `Georgia Securities Act of 1973'; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards; (xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers;

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(xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered identification mark; (xxviii) Article 6 of Chapter 9 of this title, known as the `Georgia Computer Systems Protection Act'; (xxix) Any conduct defined as `racketeering activity' under 18 U.S.C. 1961 (1)(A), (B), (C), and (D); (xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; or (xxxi) Code Section 16-11-37, relating to terroristic threats and acts. (B) `Racketeering activity' shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year. (10) `Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (11) `RICO lien notice' means the notice described in Code Section 16-14-13. (12) (A) `Trustee' means either of the following:

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(i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or (ii) Any successor trustee or trustees to any of the foregoing persons. (B) `Trustee' does not include the following: (i) Any person appointed or acting as a personal representative under Title 29, relating to guardian and ward, or under Chapter 6 of Title 53, relating to the administration of estates; or (ii) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued. Section 17 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By adding a comma after retarded in subparagraph (b)(1)(E), by striking 30 days evaluation and inserting in lieu thereof 30 days' evaluation in the first and fourth sentences of subsection (e), by adding of Title 37 or Chapter preceding 4 of Title 37, in the seventh sentence of subsection (e), by striking upon the defendant being and inserting in lieu thereof upon the defendant's being in subsection (i), and by striking the effective date of this subsection, and inserting in lieu thereof July 1, 1988, in subsection (j) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime. Section 18 . Reserved. Section 19 . Reserved. Section 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking subsection (a) of Code Section 20-2-853, relating to payment for unused sick leave, and by designating subsections (b) and (c) thereof as subsections (a) and (b), respectively.

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Section 21 . Reserved. Section 22 . Reserved. Section 23 . Reserved. Section 24 . Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By adding that between of and employee in subparagraph (t)(1)(C) of Code Section 24-9-47, relating to the disclosure of AIDS confidential information. Section 25 . Reserved. Section 26 . Reserved. Section 27 . Reserved. Section 28 . Reserved. 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 chapter and inserting in lieu thereof Code section in subsection (f) of Code Section 31-1-3.1, relating to reporting handicapped newborn persons. (2) By deleting advanced emergency medical technician, from subparagraph (a)(9)(I) of Code Section 31-22-9.1, relating to who may perform HIV tests. Section 32 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking above-provided and inserting in lieu thereof provided in this Code section in subsection (c) of Code Section 32-10-69, relating to conveyance of highway rights of way to the State Tollway Authority.

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Section 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking the last sentence of subsection (c) of Code Section 33-3-23, relating to restrictions as to the transaction of insurance by certain organizations, and inserting in its place a new sentence to read as follows: Application shall be made within 60 days from the date the applicant shall again become eligible. (2) By striking subparagraph (a)(1)(B) of Code Section 33-24-28.1, relating to provisions in accident and sickness insurance plans or policies for the coverage of treatment for mental disorders, and inserting in its place a new subparagraph (a)(1)(B) to read as follows: (B) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (3) By striking commissioner of public safety and inserting in lieu thereof Commissioner of Insurance in paragraph (12) of Code Section 33-34-2, relating to definitions. (4) By striking paragraph (1) of subsection (b) of Code Section 33-34-11, relating to the cancellation of motor vehicle insurance coverage, and inserting in its place a new paragraph (1) to read as follows: (1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the cancellation and informing such owner of the penalties outlined in this Code section. (5) By striking state revenue commissioner and inserting in lieu thereof Commissioner in subsection (b) of Code Section 33-38-22, relating to premium tax liability offsets and refunds offset against taxes. (6) By striking 33-41-15 and inserting in lieu thereof 33-41-14 in paragraph (2) of subsection (c) of Code Section 33-41-3, relating to permissible business of a captive insurance company.

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(7) By striking 33-41-19 and inserting in lieu thereof 33-41-18 in subdivision (a)(2)(A)(vi) of Code Section 33-41-10, relating to the application for and issuance of a certificate of authority for a captive insurance company. (8) By striking 33 and inserting in lieu thereof 9 in paragraph (3) of subsection (a) of Code Section 33-41-20, relating to the exclusion of a captive insurance company from membership in an insolvency fund and other plans or associations. Section 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking No employer shall fail or refuse to hire, discharge, or discriminate against any handicapped individual and inserting in lieu thereof No employer shall fail or refuse to hire nor shall any employer discharge or discriminate against any handicapped individual in subsection (a) of Code Section 34-6A-4, relating to prohibited discriminatory activities. (2) By striking is greater and inserting in lieu thereof occurs first at the end of subsection (e) of Code Section 34-9-13, relating to persons presumed dependent upon an employee for purposes of workers' compensation. (3) By striking this proviso shall in no wise restrict and inserting in lieu thereof this proviso shall in no way restrict in subsection (a) of Code Section 34-9-121, relating to the employer's duty to secure workers' compensation insurance. (4) By striking Code Section 34-11-10 and inserting in lieu thereof Code Section 34-11-14 in paragraphs (12) and (13) of subsection (a) of Code Section 34-11-7, relating to exceptions to the Boiler and Pressure Vessel Safety Act. Section 35 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By adding and at the end of paragraph (4) of subsection (a), by striking the semicolon and inserting in lieu thereof a period at the end of subparagraph (a)(5)(A), by deleting and from

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the end of paragraph (1) of subsection (c), and by adding and at the end of paragraph (2) of subsection (c) of Code Section 35-2-33, relating to duties of the Uniform Division of the Department of Public Safety. Section 36 . Title 36 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking of this Code in paragraph (2) of subsection (c) of Code Section 36-1-22, relating to business and occupational license taxes and fees. (2) By striking Code Section 36-1-23, relating to preservation and protection of abandoned or unmaintained cemeteries, and inserting in lieu thereof a new Code Section 36-1-23, to read as follows: 36-1-23. Reserved., and by adding to Chapter 60 of Title 36, relating to general provisions applicable to counties and municipal corporations, a new Code Section 36-60-6.1 to read as follows: 36-60-6.1. (a) 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. (b) 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. (3) By striking similar arrangement and inserting in lieu thereof similar arrangements in subparagraph (a)(13)(G) and by striking nonstateaided and inserting in lieu thereof nonstate aided in paragraph (3) of subsection (c) of Code Section 36-41-5, relating to powers of urban residential finance authorities for large municipalities.

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(4) By striking paragraph (2) of subsection (a) and inserting in lieu thereof paragraph (2) of subsection (b) in subsection (b) of Code Section 36-82-104, relating to action on a breached bond of a public contractor. Section 37 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) By inserting expiration of the before five-day in the last sentence of subsection (a) of Code Section 37-7-91, relating to discharge of persons meeting outpatient care criteria. 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 reissue and inserting in lieu thereof issue both times it appears in the undesignated paragraph following subsection (b) of Code Section 40-2-64, relating to special license plates for members of active reserve components of the United States. (2) By striking reissue and inserting in lieu thereof issue both times it appears in subsection (b) of Code Section 40-2-65, relating to special license plates for members of Georgia National Guard. (3) By striking or pleads and inserting in lieu thereof or pleaded in subparagraphs (e)(1)(A) and (B) and by inserting and at the end of subparagraph (e)(1)(D) of Code Section 40-5-58, relating to habitual violators. (4) By inserting a comma after the word department the first time that word appears in the second sentence of subsection (e) of Code Section 40-5-63, relating to conditions for the return of a license after suspension. (5) By designating the two paragraphs of Code Section 40-5-66, relating to appeals from decisions of the Department of Public Safety, as subsections (a) and (b).

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(6) By inserting a comma following the word department the first time that word appears in the second sentence of subsection (e) of Code Section 40-5-70, relating to conditions for reinstatement of a driver's license. (7) By inserting the word and following the semicolon at the end of paragraph (1) of Code Section 40-6-42, relating to overtaking and passing. (8) By adding or at the end of paragraph (1) of subsection (a) of Code Section 40-6-160, relating to speed limits. (9) By adding or at the end of subparagraph (a)(2)(F) of Code Section 40-6-203, relating to stopping, standing, or parking a vehicle. (10) By inserting a comma after the word probation in subparagraph (c)(1)(A), (B), and (C) of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident. (11) By striking said person being charged and inserting in lieu thereof said person's being charged in subsection (d) of Code Section 40-6-376, relating to prosecution for a serious traffic offense. (12) By adding the word or at the end of paragraph (2) of subsection (h) of Code Section 40-6-391, relating to driving under the influence. (13) By adding the word and after the semicolon at the end of paragraph (1) of Code Section 40-8-31, relating to the use of multiple beam lighting equipment. (14) By designating the two paragraphs of Code Section 40-8-154, relating to responsible agencies and commissions under the Georgia Motor Vehicle Emissions Inspection and Maintenance Act, as subsections (a) and (b). (15) By striking a certificate of the cancellation and inserting in lieu thereof a certificate of cancellation in subsection (e) of Code Section 40-9-38, relating to surety bonds under the Motor Vehicle Safety Responsibility Act.

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(16) By designating the two paragraphs of subsection (b) of Code Section 40-9-103, relating to cooperation by an insured with insurer in actions under insurance policy, as paragraphs (1) and (2), respectively. (17) By inserting requested after return receipt in subsection (e) of Code Section 40-13-32, relating to restrictions on a court's ability to modify traffic law sentences or judgments. Section 41 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) By striking the comma following the word habitation and inserting in lieu thereof the word or in paragraph (2) of Code Section 41-2-8, relating to definitions for use in Code Sections 41-2-7 through 41-2-17. (2) By striking the comma following the word habitation and inserting in lieu thereof the word or in the first sentence of subsection (b) and by adding a period immediately following the word unlawful in paragraph (4) of subsection (b) of Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures. (3) By striking the commas following citizen and residence in subsection (b) of Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures. (4) By striking hereunder and inserting in lieu thereof under this chapter in Code Section 41-2-15, relating to authority to use revenues, grants, and donations to repair, close, or demolish unfit buildings or structures. Section 42 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By adding a comma between the word including and the word but in Code Section 42-2-13, relating to grants to municipal corporations and counties for local jails and correctional institutions.

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(2) By striking the comma between the word hospital and the word clinics and inserting in lieu thereof the word and in subsection (a) of Code Section 42-5-58, relating to the prohibition against corporal punishment. (3) By striking slungshot and inserting in lieu thereof slingshot in subsection (a) of Code Section 42-5-63, relating to unauthorized possession of weapon by inmate. (4) By striking postsentence and inserting in lieu thereof post-sentence in subsection (a) of Code Section 42-8-29.1, relating to disposition of probation supervisor's documents upon committing of convicted person to institution. (5) By striking one and inserting in lieu thereof an attorney in Code Section 42-8-81, relating to release of person charged to pretrial release and diversion program. (6) By striking salary, travel expense, and cost and inserting in lieu thereof salaries, travel expenses, and costs in Code Section 42-9-5, relating to compensation of members of the State Board of Pardons and Paroles. (7) By striking an employee and inserting in lieu thereof employee' in subsection (f) of Code Section 42-9-12, relating to appointment of replacement for incapacitated member of the State Board of Pardons and Paroles. Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking licensing and inserting in lieu thereof leasing in subsection (b) of Code Section 43-47-7, relating to certain registration and license requirements. Section 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking the merits of such land or has recommended or given approval to such land or transaction and inserting in lieu thereof , upon the merits of such land, or has recommended or given approval to such land or transaction in subsection (b) of Code

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Section 44-3-8, relating to violations of the Georgia Land Sales Act of 1982. (2) By striking in a book kept for the purpose of and inserting in lieu thereof , in a book kept for the purpose, in subsection (d) of Code Section 44-5-143.1, relating to anatomical gifts by minor decedents. (3) By inserting and after the semicolon at the end of subparagraph (a)(2)(D), by striking ; or and inserting a semicolon in its place at the end of subparagraph (a)(2.1)(A), and by striking the comma and inserting in lieu thereof ; or at the end of subparagraph (a)(2.1)(B) of Code Section 44-13-100, relating to exemptions for bankruptcy purpose. (4) By deleting the comma at the end of paragraph (3) of Code Section 44-12-198, relating to own property held by fiduciaries is presumed to be abandoned. Section 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking subsection (b) of Code Section 45-16-8 and inserting in its place Code Section 45-16-6 in subsection (a) of Code Section 45-16-66, relating to annual training requirements for certified coroners. Section 46 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) By adding of this Code section immediately preceding the period at the end of subsection (c) of Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning to coalburning generating facility. (2) By striking (including attorneys' fees) and inserting in lieu thereof , including attorney's fees in subsection (b) and by striking attorneys' fees and inserting in lieu thereof attorney's fees in subsection (d) of Code Section 46-3-306, relating to indemnification of officers, directors, employees, and agents of electric membership corporations.

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(3) By adding of between the words permit and authority in paragraph (1) of subsection (a) of Code Section 46-7-16, relating to requirements as to registration permits for motor common carriers. (4) By adding of between the words permit and authority in paragraph (1) of subsection (a) of Code Section 46-7-61, relating to requirements as to registration permits for motor contract carriers. Section 47 . Reserved. Section 48 . Reserved. Section 49 . Reserved. Section 50 . Reserved. 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 subsections (f), (g), and (h) of Code Section 53-12-3, relating to trustee powers which render a trust executory and termination of irrevocable executory trusts, and inserting in their places new subsections (f), (g), and (h) to read as follows: (f) Subsections (d) and (e) 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.

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(g) Subsections (d) and (e) 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 (g) of this Code section shall apply to all testamentary or inter vivos trusts, whether in existence on July 1, 1988, or created thereafter. 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 1988 supplement to the Official Code of Georgia Annotated published under authority of the state in 1988 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 or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes 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

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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 1989 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 7, 1989. APPROPRIATIONSDEPARTMENT OF MEDICAL ASSISTANCE; SUPPLEMENTAL FOR S.F.Y. 1988-89. No. 8 (House Bill No. 98). AN ACT To provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . 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, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988 and are in addition to any other appropriations heretofore or hereafter made. Budget Unit: Department of Medical Assistance Medicaid Benefits $ 15,866,703 Total Funds Budgeted $ 15,866,703 Federal Funds Budgeted $ 9,961,116 State Funds Budgeted $ 5,905,587 Section 2 . TOTAL STATE APPROPRIATION STATE FISCAL YEAR 1989.....$5,905,587 Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved February 7, 1989.

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CORPORATIONSRIGHTS, OPTIONS, AND WARRANTS TO PURCHASE SHARES. Code Section 14-2-86 Amended. No. 9 (House Bill No. 245). AN ACT To amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exercise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants; to provide that the authority of the board of directors shall not be limited by the provisions of Code Section 14-2-80 or 14-2-81; to provide for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Subject to any provisions in respect thereof set forth in its articles of incorporation, a corporation may create and issue, whether or not in connection with the issuance and sale of any of its shares or other securities, rights, options, or warrants entitling the holders thereof to purchase from the corporation, shares of any class or series, whether authorized but unissued shares or treasury shares. The board of directors shall determine the terms upon which the rights, options, or warrants are issued, their form and content, the consideration for which they are issued, and the terms and conditions relating to their exercise, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised. The terms and conditions of such

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rights, options, or warrants may include, without limitation, restrictions or conditions that preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or that invalidate or void any such rights, options, or warrants. Nothing contained in Code Section 14-2-80 or 14-2-81 shall be deemed to limit the board of directors' authority to determine, in its sole discretion, the terms and conditions of the rights, options, or warrants issuable pursuant to this Code section, and such terms and conditions need not be set forth in the corporation's articles of incorporation. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on July 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 7, 1989. ELECTIONSMUNICIPAL OFFICERS; TERMS; LOCAL ACTS. Code Section 21-3-64 Amended. No. 10 (House Bill No. 113). 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.

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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 adding at the end thereof a new subsection, to be designated subsection (c), to read as follows: (c) 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: (1) For terms of two years for municipal offices, with the local law designating the offices to be elected and the time periods covered by such terms for each office; (2) For such terms to be staggered terms, with the local law designating the terms for each office; and (3) For general municipal elections to fill such offices to be held on the Tuesday next following the first Monday in November in even-numbered years and on such day biennially thereafter and on the Tuesday next following the first Monday in November in old-numbered years and on such day biennially 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 February 10, 1989.

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JUVENILESDESIGNATED FELONY ACTS; CONFINEMENT PERIODS. Code Section 15-11-37 Amended. No. 13 (House Bill No. 111). AN ACT To amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention subsequent to the date of the order and prior to such juvenile's transfer to a youth development center will be counted toward the confinement period issued by the court order; to provide for other 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 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, is amended by striking subparagraph (e) (1) (B) in its entirety and inserting in lieu thereof a new subparagraph (e) (1) (B) to read as follows: (B) The juvenile shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 18 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months;. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 20, 1989. AUTHORITIES CREATED BY LOCAL CONSTITUTIONAL AMENDMENTSNAME CHANGES. Code Section 1-5-1 Enacted. No. 14 (House Bill No. 350). AN ACT To amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to authorize the board of directors of certain authorities to change the name and style under which their authorities operate; 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 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, is amended by adding a new Chapter 5 at the end thereof to read as follows: CHAPTER 5 1-5-1. The board of directors of any public authority created by a constitutional amendment, which amendment was continued in force as a part of the 1983 Constitution pursuant to the provisions of subparagraph (d) of Article XI, Section I, Paragraph IV, shall be empowered to change

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the name and style under which the authority operates by adopting an appropriate resolution by a majority vote at any regular or special meeting of the authority. If the board of directors changes the name and style under which an authority operates in accordance with the provisions of this Code section, such action shall in no way alter or restrict the character or nature of the authority and the authority shall be recognized and declared to be one and the same continuing body corporate and politic with all the powers heretofore or hereafter granted to said authority; and any acts done under the new name and style so adopted shall be for all intents and purposes equally as valid and effective as if done under the original name and style 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 February 20, 1989. PUBLIC RETIREMENT SYSTEMS STANDARDS LAWGEORGIA FIREMEN'S PENSION FUND; EXEMPTION. Code Section 47-20-63 Enacted. No. 16 (House Bill No. 142). AN ACT To amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the Public Retirement Systems Standards Law, so as to provide that a certain amendment to the law providing for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions; to provide for other

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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 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the Public Retirement Systems Standards Law, is amended by adding at the end thereof a new Code Section 47-20-63 to read as follows: 47-20-63. A bill which is introduced and enacted at the 1989 regular session of the General Assembly amending Chapter 7 of this title providing for the Georgia Firemen's Pension Fund shall not be subject to the requirements of this chapter if the bill as introduced and enacted contains statements of legislative fundings substantially as follows: (1) That it is necessary for the bill to become law without delay in order to avoid hardship to members and retired members of the Georgia Firemen's Pension Fund; (2) That the Georgia Firemen's Pension Fund is actuarially sound; (3) That the changes in the law providing for the Georgia Firemen's Pension Fund which are accomplished by the bill will be fully financed by the Georgia Firemen's Pension Fund without the necessity of any appropriation by the General Assembly and without adversely affecting the actuarial soundness of the Georgia Firemen's Pension 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 February 22, 1989.

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GEORGIA FIREMEN'S PENSION FUNDDISABILITY BENEFITS. Code Sections 47-7-102 and 47-7-124 Amended. No. 17 (House Bill No. 143). AN ACT To amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of certain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim with respect to certain excess disability benefits erroneously paid to certain eligible retires; to provide that this Act is not subject to the requirements of the Public Retirement Systems Standards Law and for the authority therefor and for declarations and findings 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 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, is amended by adding at the end thereof a new subsection (i) to read as follows: (i) (1) Except as otherwise provided in paragraph (3) of this subsection (i), effective April 1, 1989, the maximum monthly disability benefit for any person who had retired on disability on or after July 1, 1988, shall be $335.00 per month commencing April 1, 1989. (2) Except as otherwise provided in paragraph (3) of this subsection (i), effective April 1, 1989, the monthly disability benefit to which any person who had retired before July 1, 1988, would be otherwise entitled shall be increased

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by the amount of $120.00 per month commencing April 1, 1989. (3) Effective on April 1, 1989, the monthly disability benefit to which any person who retired on disability before April 1, 1989, would be otherwise entitled shall be increased by $120.00 per month commencing April 1, 1989, but such increase shall be paid only for the number of months between July 1, 1988, and April 1, 1989, during which such person received disability benefits after which the payments pursuant to this paragraph (3) shall cease. Section 2 . Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of actions, is hereby amended by adding a new subsection (c) which shall read as follows: (c) Any other provision of law notwithstanding, no action shall be brought or claim asserted by the board of trustees or on its behalf after April 1, 1989, against any person on account of the payment during the period July 1, 1984, through June 30, 1988, to any person otherwise eligible to receive disability benefits (hereinafter `disability retiree') of an amount in excess of the disability benefit which such disability retiree was lawfully entitled where such excess payment resulted from the erroneous determination by the board of trustees of the maximum monthly disability benefit payable to such disability retiree. After April 1, 1989, any such claim described in the foregoing sentence shall be forever barred. Section 3 . Pursuant to the authority of Code Section 47-20-63, this Act is not subject to the requirements of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the Public Retirement Systems Standards Law, and pursuant to the provisions of said Code Section 47-20-63 the General Assembly finds and declares that: (1) It is necessary for this Act to become effective without delay in order to avoid hardship to members and retired members of the Georgia Firemen's Pension Fund; (2) The Georgia Firemen's Pension Fund is actuarially sound; and

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(3) That the changes in Chapter 7 of Title 47 of the Official Code of Georgia Annotated providing for the Georgia Firemen's Pension Fund which are accomplished by this Act will be fully financed by the Georgia Firemen's Pension Fund without the necessity of any appropriation by the General Assembly and without adversely affecting the actuarial soundness of the Georgia Firemen's Pension Fund. 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 February 23, 1989. RETIREMENT AND PENSIONSCODE REVISION; CORRECTION OF GRAMMATICAL, STYLISTIC, AND OTHER ERRORS AND OMISSIONS. Code Title 47 Amended. No. 20 (House Bill No. 90). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking The word `employee' and inserting in lieu thereof `Employee' in paragraph (16.2) of Code Section 47-2-1, relating to definitions of terms relating to the Employees' Retirement System of Georgia. (2) By striking Board of Regents' position and inserting in lieu thereof board of regents' position in paragraph (7) of subsection (a) of Code Section 47-3-21, relating to the membership of the Board of Trustees of the Teachers Retirement System of Georgia. (3) By striking 47-4-40 and except and inserting in lieu thereof 47-4-40, and except in paragraph (20) of Code Section 47-4-2, relating to definitions of terms relating to the Public School Employees Retirement System. (4) By striking 20-2-311, and inserting in lieu thereof 20-4-25, 20-4-26, in subsection (e) of Code Section 47-4-40, relating to membership and eligibility for membership in the Public School Employees Retirement System. (5) By striking of the Official Code of Georgia Annotated from paragraph (15) of Code Section 47-5-2, relating to definitions of terms relating to the Joint Municipal Employees Benefit System. (6) By striking Georgia Legislative Retirement System and inserting in lieu thereof the Georgia Legislative Retirement System in subsection (a) of Code Section 47-6-42, relating to election by certain General Assembly members as to coverage by particular retirement systems. (7) By striking the last sentence of subsection (b) of Code Section 47-16-60, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and bonds collected in criminal and quasi-criminal cases, which reads as follows:

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By affirmative vote of all the members, the board upon the payment of the delinquent moneys, together with interest for good cause shown, may waive the specific penalty otherwise charged under this subsection., and inserting in lieu thereof a new last sentence to read as follows: By affirmative vote of all the members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection. (8) By striking 15th and inserting in lieu thereof fifteenth in subsection (c) of Code Section 47-20-50.1, relating to reports of funding of retirement bills having a fiscal impact. 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 28, 1989. SUPERIOR COURTSJUDGES' SECRETARIES; REEMPLOYMENT; PAY LEVEL. Code Section 15-6-25 Amended. No. 21 (House Bill No. 191). AN ACT To amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed

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superior court judges' secretaries; 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 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, is amended by adding at the end of subsection (c) thereof a new paragraph to read as follows: (6) Notwithstanding any other provision in this Code section to the contrary, any secretary who formerly had been employed as a secretary to a superior court judge and has been or is reemployed as a secretary by a superior court judge within a four-year period following the termination of that former employment may be entitled to be placed back on the highest pay step level achieved under paragraph (1) of this subsection during that former employment. 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 28, 1989.

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EDUCATIONSICK LEAVE BANKS OR POOLS. Code Section 20-2-850 Amended. No. 22 (Senate Bill No. 147). AN ACT To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contributed employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements 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 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) 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. (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved February 28, 1989. PENAL INSTITUTIONSOVERCROWDING; STATE OF EMERGENCY; FACILITIES. Code Section 42-2-14 Enacted. No. 27 (House Bill No. 499). 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 overcrowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type; to provide that with the approval of the Governor certain provisions of law may be waived to facilitate the rapid construction or procurement of facilities for inmates; to provide for certain reports; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by adding immediately following Code Section 42-2-13 a new Code Section 42-2-14 to read as follows: 42-2-14. The Governor, upon certification by the commissioner of corrections and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison

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system for any period of 90 consecutive days, beginning at any time after December 31, 1988, may declare a state of emergency with regard to jail and prison overcrowding. Upon the declaration of such emergency, the department may establish additional facilities for use by the department, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facility. For this purpose, the department may purchase or lease sites and suitable lands and erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions, other than bonding requirements, of Chapter 3 of this title, known as the `Georgia Building Authority (Penal) Act,' provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Chapter 22 of Title 50, relating to managerial control over acquisition of professional services, may be waived by the department to facilitate the rapid construction or procurement of facilities for inmates. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the requirements waived, and the reasons therefor. 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 1, 1989.

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DOWNTOWN MARIETTA DEVELOPMENT AUTHORITYCONVEYANCE OF STATE PROPERTY. No. 1 (Senate Resolution No. 5). A RESOLUTION Authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Authority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; 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 Marietta, Georgia; and WHEREAS, said real property is described as: All that tract or parcel of land lying and being in Land Lot No. 1218, 16th District, 2nd Section of Cobb County, Marietta, Georgia and being more specifically described as follows: Beginning at a point at the intersection of the southerly side of Mill Street and the Westerly side of the right of way of the railroad; running thence parallel to the center track of the Railroad South 1 degree 44 minutes East 149.42 feet to a point 33 feet west of the center railroad track and the northerly side of the former right of way of Depot Street; running thence along the former right of way of Depot Street South 88 degrees 32 minutes West 187.92 feet to the intersection of the northerly side of the former right of way of Depot Street and the easterly side of the former right of way of Denmead Street; running thence along the former right of way of Denmead Street North 0 degrees 30 minutes West 150.60 feet to the southerly side of Mill Street; running thence along the southerly side of Mill Street North 88 degrees 53 minutes East to a point 33 feet West of the center track of the Railroad and the point of beginning; and

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WHEREAS, the Downtown Marietta Development Authority plans to build a parking deck on said property for public use; and WHEREAS, if the State of Georgia sold such property to the Downtown Marietta Development Authority, the state would relieve itself of this rail property in the City of Marietta. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) That the State of Georgia is the owner of the above-described property located in the City of Marietta, Georgia, and that, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission. (b) That the above-described real property located in the City of Marietta, Georgia, shall be conveyed by appropriate instrument to the Downtown Marietta Development Authority by the State of Georgia, acting by and through the State Properties Commission, for fair market value upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 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 Act are repealed. Approved March 6, 1989.

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EDUCATIONSICK LEAVE BANKS OR POOLS FOR TEACHERS AND PERSONNEL; AUTHORIZED. Code Section 20-2-850 Amended. No. 31 (House Bill No. 370). AN ACT To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contributed employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements 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 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) 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. (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the

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bank or pool as provided by adopted local board of education policy. 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 7, 1989. SALES AND USE TAXESRATE INCREASED; EXEMPTIONS; SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; LOCAL EXCISE TAXATION OF ROOMS, LODGINGS, AND ACCOMMODATIONS; MOTOR FUELS. Code Title 48, Chapters 8 and 13 Amended. No. 32 (House Bill No. 474). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services; to state legislative intent with respect to use of tax proceeds; to provide for exemptions for certain food items with respect to the levy or imposition of certain sales and use taxation; to change certain provisions relating to exemptions with respect to the levy or imposition of sales and use taxes; to provide for application of sales and use taxes with respect to certain sales of motor fuels; to provide for conforming changes with respect to imposition of taxes, collection from dealers, disposition of certain excess taxes, compensation of dealers for reporting and paying taxes, and payment of taxes by

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certain contractors; to provide that certain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes; to delete provisions relating to the automatic repeal of the special purpose county local sales and use tax; to delete provisions limiting the maximum aggregate amount of taxes levied on rooms, lodgings, and accommodations furnished to the public; to provide for other matters relative to the foregoing; to state legislative intent; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . It is the intention of the General Assembly that the revenue generated by the increase in the state sales and use tax provided for in this Act shall be used in part for general governmental purposes and in part for grants of funds to political subdivisions of the state to provide ad valorem tax relief. The General Assembly recognizes and intends that all such revenue is to be paid into the general fund of the state treasury and subject to the normal budgetary and appropriations process, but it is the intention of the General Assembly that a portion of such revenue shall be appropriated to fund such grants for ad valorem tax relief purposes. Section 2 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (43) of Code Section 48-8-3, relating to exemptions regarding the state sales and use tax, which reads as follows: (43) Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 except motor fuel other than gasoline purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title;, and inserting in its place a new paragraph (43) to read as follows: (43) Reserved; Section 3 . Said title is further amended by striking or at the end of paragraph (52), by striking the period at the end of paragraph (53) and inserting in its place ; or, and by adding a new

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paragraph immediately following paragraph (53) of Code Section 48-8-3, relating to exemptions regarding the state sales and use tax, to be designated paragraph (54), to read as follows: (54) (A) On and after September 1, 1990, the retail sale for off-premises human consumption, use, or consumption of: fresh, uncooked, and not canned or processed poultry, fish, beef, seafood, and pork (including pork sausage); fresh eggs; milk, cream, ice cream, sherbet, and yogurt; flour, flour mixes, cornmeal, grits, and milled rice; bread, biscuits, rolls, and muffins; fresh, uncooked, and not canned or processed fruits (including citrus fruits and melons); fresh, uncooked, and not canned or processed vegetables; honey; peanuts and pecans; baby food and baby formula; salt and sugar, salt and sugar substitutes, and other sweeteners and syrups. The exemptions provided for in this paragraph shall not apply to retail sales or sales at retail of food transacted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. (B) The exemptions provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1991, but shall apply with respect to any such tax which is first levied or imposed on or after January 1, 1991. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p.

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2243), as amended, the `Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemptions provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this subparagraph, a tax shall be considered to be levied or imposed on or after January 1, 1991, if: (i) the same tax or a similar tax was imposed prior to that date; (ii) the tax imposed prior to that date, under the terms of the law authorizing the tax, expires on or after January 1, 1991; and (iii) the same or a similar tax is on or after such expiration reimposed on or after January 1, 1991, with or without any intervening period of time. Section 4 . Said title is further amended by adding a new Code section immediately following Code Section 48-8-3, to be designated Code Section 48-8-3.1, to read as follows: 48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article. (c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under this Code section shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes.

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Section 5 . Said title is further amended by striking Code Section 48-8-30, relating to the imposition of the state sales and use tax, and inserting in its place a new Code Section 48-8-30 to read as follows: 48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article. (b) (1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 4 percent of the gross sale or gross sales, or the amount of taxes collected by him from his purchaser or purchasers, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. (c) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser. This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. (d) (1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to

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others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental proceeds, or the amount of taxes collected by him from persons to whom he leases or rents tangible personal property, whichever is greater. (2) No lease or rental shall be taxable to the person who leases or rents tangible property to another which is not taxable to the person to whom the property is leased or rented. (3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 4 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property. (e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 4 percent of the rental charge paid to the person who leased or rented the property, subject to the credit authorized for like taxes previously paid in another state. (f) (1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 4 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a

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credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 4 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service is furnished, whichever is greater. (2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under subsection (b) of this Code section, a lessee or renter of the property under subsection (d) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved. (h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. (i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied.

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Section 6 . Said title is further amended by striking Code Section 48-8-32, relating to collection of the tax from dealers, and inserting in its place a new Code Section 48-8-32 to read as follows: 48-8-32. The tax at the rate of 4 percent of the retail sales price at the time of sale or 4 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribution, or storage for use or consumption in this state of tangible personal property. Section 7 . Said title is further amended by striking Code Section 48-8-43, relating to disposition of certain excess taxes, and inserting in its place a new Code Section 48-8-43 to read as follows: 48-8-43. When the tax collected for any period is in excess of 4 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer. Section 8 . Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers' sales and use tax returns and estimated tax liabilities, and inserting in its place a new subsection (b) to read as follows: (b) As used in this subsection, the term `estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year or his payment for the corresponding month of the last fiscal year. If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any estimated tax liability.

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Section 9 . Said title is further amended by striking subsection (d) of Code Section 48-8-63, relating to payment of the tax by certain contractors, and inserting in its place a new subsection (d) to read as follows: (d) (1) Any person who subcontracts with a general or prime contractor shall be liable under this article as a general or prime contractor. The general or prime contractor shall withhold up to 4 percent of the payments due the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments as provided in paragraph (1) of this subsection until the subcontractor furnishes him with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owed this state by the subcontractor. Section 10 . Said title is further amended by striking Code Section 48-8-82, relating to the imposition and applicability of the joint county and municipal sales and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows: 48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be

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applicable to the sale of food to the extent provided for in paragraph (54) of Code Section 48-8-3. Section 11 . Said title is further amended by striking Code Section 48-8-110, relating to the imposition and applicability of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-110 to read as follows: 48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food to the extent provided for in paragraph (54) of Code Section 48-8-3. Section 12 . Said title is further amended by repealing in its entirety Code Section 48-8-122 which reads 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 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,

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and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article. Section 13 . Said title is further amended in Code Section 48-13-51, relating to local excise taxation of rooms, lodgings, and accommodations, by: (1) Striking from the last sentence of paragraph (1) of subsection (a) the following: , nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings; (2) Striking from the first sentence of paragraph (3) of subsection (a) the following: , and the aggregate amount of all taxes may be up to 10 percent; (3) Striking from the first sentence of paragraph (4) of subsection (a) the following: , and the aggregate amount of all taxes may be up to 11 percent; (4) Striking from the first sentence of paragraph (5) of subsection (a) the following: , and the aggregate amount of all taxes may be up to 12 percent; and (5) Striking from the first and second sentences of paragraph (7) of subsection (a) the following: aggregate taxes' and `the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms.

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Section 14 . In the event that any other Act of the 1989 General Assembly amends Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, it is the intention of the General Assembly that the provisions of such other Act control over the provisions of this Act, except that it is the intention of the General Assembly that the increase in the rate of state sales and use taxation provided for in this Act shall not operate to decrease the maximum rate of taxes which may be imposed by local governments under said article as now existing or as it may be amended; and for this limited purpose, the provisions of this Act and particularly of this statement of intent shall control over the provisions of such other Act, notwithstanding any limitation on maximum aggregate amounts of taxation which may be contained in such other Act. Section 15 . (a) As used in this section, the term building and construction materials means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) The increased rate of state sales and use taxation provided for in this Act shall not apply with respect to the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to April 1, 1989, and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to April 1, 1989; provided, however, that any such sale or use shall remain fully taxable at the prior rate of taxation. (c) With respect to services which are regularly billed on a monthly basis, the increased rate of state sales and use taxation provided for in this Act shall apply to services billed on or after April 1, 1989; provided, however, that any such services billed prior to such date shall remain fully taxable at the prior rate of taxation. Section 16 . This Act shall become effective on April 1, 1989.

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Section 17 . All laws and parts of laws in conflict with this Act are repealed. Approved March 9, 1989. INSURANCEACQUISITION OF OR MERGER WITH AN INSURER; PROCEDURES; GEORGIA INSURERS INSOLVENCY POOL. Code Title 33, Chapters 13 and 36 Amended. No. 34 (Senate Bill No. 233). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require, with regard to the acquisition of control of or merger with a domestic insurer, an acquiring party to file with the Commissioner of Insurance financial statements containing independent fully audited financial information as to the earnings and financial condition of such party; to eliminate certain exemptions from the acquisition filing and approval process; to provide what shall be considered a covered claim for unearned premium under the Georgia Insurers Insolvency Pool; to provide exclusions to the definition of property and casualty insurance as related to such pool; to provide that such pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool; to provide for reduction of claims recoverable from similar funds in other states; to provide that a claim filed with such pool, ancillary receiver, or liquidator after a date set by the court shall not be considered a covered claim; to prohibit the entering of a default judgment against such pool; to provide for exhaustion of rights under insurance policies and for reductions of amounts recoverable against such pool; to prohibit references to membership in such pool in advertisements for insurance; to provide penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and inserting in its place a new paragraph (3) to read as follows: (3) Financial statements containing independent fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding five fiscal years of each acquiring party or for any lesser period as the acquiring party and any predecessors of acquiring party shall have been in existence and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement;. Section 2 . Said title is further amended by striking in its entirety subsection (h) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and inserting in its place a new subsection (h) to read as follows: (h) This Code section shall not apply to any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt from this Code section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer or as otherwise not comprehended within the purposes of this Code section. Section 3 . Said title is further amended by adding at the end of paragraph (2) of Code Section 33-36-3, relating to definitions relative to the Georgia Insurers Insolvency Pool, a new subparagraph (I) to read as follows: (I) A covered claim shall include a claim for unearned premium only if such claim derives from the payment of a stated premium and shall not include those which derive from an unstated premium such as calculated from audit, dividend, deposit, or retrospect plans. A covered claim shall not include a claim for unearned premium resulting from a policy which was not in force on the date of the final order of liquidation.

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Section 4 . Said title is further amended by striking paragraph (7) of Code Section 33-36-3, relating to definitions relative to the Georgia Insurers Insolvency Pool, and inserting in its place a new paragraph (7) to read as follows: (7) `Property and casualty insurance policies' or `policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except: (A) Life insurance and annuities (being that class of insurance referred to in Code Section 33-7-4); (B) Accident, health, and disability insurance except where written as part of an automobile insurance contract (being that class of insurance referred to in Code Section 33-7-2); (C) Title insurance (being that class of insurance referred to in Code Section 33-7-8); (D) Credit life insurance (being that class of insurance referred to in paragraph (2) of Code Section 33-31-1); (E) Credit insurance (being that class of insurance referred to in paragraph (8) of Code Section 33-7-3); (F) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks; (G) Fidelity surety bonds or any other bonding obligations; (H) Insurance of warranties or service contracts; (I) Ocean marine insurance; or (J) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk.

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Section 5 . Said title is further amended by striking subsection (d) of Code Section 33-36-6, relating to the adoption by the Georgia Insurers Insolvency Pool of a plan to govern members and rights of the pool and of claimants, and inserting in its place a new subsection (d) to read as follows: (d) The pool as a legal entity and any of its individual members shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out. The pool shall be subrogated to the rights of any insured or claimant, to the extent of a covered claim, to participate in the distribution of assets of the insolvent insurer to the extent that the pool has made payment. Any claimant or insured entitled to the benefits of this chapter shall be deemed to have assigned to the pool, to the extent of any payment received, his rights against the estate of the insolvent insurer. The pool shall receive the benefit of any reinsurance contracts or treaties entered into by the insolvent insurer which cover any of the liabilities insured by the insolvent insurer with respect to covered claims. After determination of insolvency of any insurer, the pool shall be a party in interest in all proceedings involving policies insured or assumed by the pool with the same rights to receive notice and defend, appeal, and review as the insolvent insurer would have had if solvent. All moneys recovered under this Code section or any other Code section shall be added to the assessments collected under Code Section 33-36-7. Section 6 . Said title is further amended by striking Code Section 33-36-10, relating to the recovery of covered claims recoverable under the insolvency funds of other states, and inserting in its place a new Code Section 33-36-10 to read as follows: 33-36-10. (a) It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be recoverable under this chapter and under an insolvency fund or its equivalent in another state, the sole recovery: (1) with respect to a workers' compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (2) with respect to a first-party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency

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fund or its equivalent of the state where the property is permanently situated; and (3) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured. (b) Any recovery obtained from the pool pursuant to this chapter shall be reduced by those amounts recovered in any other state from a similar or equivalent insolvency fund in such state when the recovery was obtained by the same claimant for the same claim filed against the pool in this state. Section 7 . Said title is further amended by striking Code Section 33-36-11, relating to the procedure for proof and allowance of covered claims under the Georgia Insurers Insolvency Pool, and inserting in its place a new Code Section 33-36-11 to read as follows: 33-36-11. (a) Except for (1) voluntary settlements or compromises between a claimant and an assignee-insurer on behalf of the pool or (2) a final judgment, other than a default judgment, against the insured or insurer in a court of competent jurisdiction rendered prior to the determination of insolvency of the insurer, the proof and allowance of a covered claim shall be governed by Code Sections 33-37-44 and 33-37-45; provided, however, in no case shall a covered claim include any claim filed with the pool, ancillary receiver, or liquidator after the final date set by a court for the filing of claims against the liquidator or ancillary receiver of an insolvent insurer. (b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to a finding of insolvency, nor during the pendency of insolvency proceedings, nor during a 120 day stay following a finding of insolvency. (c) In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer. Section 8 . Said title is further amended by striking subsection (a) of Code Section 33-36-14, relating to the requirement of exhaustion of rights under insurance policies prior to recovery from the Georgia Insurers Insolvency Pool, and inserting in its place a new subsection (a) to read as follows:

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(a) Any person, including any individual, partnership, association, or corporation, having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall be treated as primary coverage and the policy of the insolvent insurer shall be treated as secondary coverage and his rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers. Section 9 . Said title is further amended by adding after Code Section 33-36-18, relating to appeals to the Commissioner, a new Code section to be designated Code Section 33-36-19 to read as follows: 33-36-19. (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way any advertisement, announcement, or statement which uses the existence of the pool for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the pool or any other entity which does not sell or solicit insurance. (b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or both of the following: (1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or (2) Suspension or revocation of his license or certificate of authority. Section 10 . This Act shall become effective upon its approval by the governor or upon its becoming law without such approval.

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Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 9, 1989. SUPERIOR COURT JUDGES RETIREMENT SYSTEMMEMBERS REELECTED IN 1988. Code Section 47-9-70 Amended. No. 35 (Senate Bill No. 75). AN ACT To amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) Any member of the retirement system who was reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions to the retirement system as long as the member continues to hold office as a superior court judge.

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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 9, 1989. APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1988-89. No. 38 (House Bill No. 118). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the General Appropriations Act, approved April 14, 1988 (Ga. L. 1988, p. 1998), so as to change certain appropriations for the State Fiscal Year 1988-1989; 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 1988-1989, as amended, known as the General Appropriations Act approved April 14, 1988 (Ga. L. 1988, p. 1998), is further amended by striking everything following the enacting clause through Section 77, 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, 1988, and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General

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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 $ 20,923,966 Personal Services - Staff $ 9,848,300 Personal Services - Elected Officials $ 3,177,901 Regular Operating Expenses $ 2,388,972 Travel - Staff $ 118,800 Travel - Elected Officials $ 6,000 Motor Vehicle Purchases $ 0 Equipment $ 355,000 Computer Charges $ 415,500 Real Estate Rentals $ 63,700 Telecommunications $ 638,000 Per Diem, Fees and Contracts - Staff $ 369,732 Per Diem, Fees and Contracts - Elected Officials $ 2,320,261 Photography $ 68,000 Expense Reimbursement Account $ 1,153,800 Capital Outlay $ 0 Total Funds Budgeted $ 20,923,966 State Funds Budgeted $ 20,923,966 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 $ 377,961 $ 377,961 Clerk of the House's Office $ 1,098,710 $ 1,098,710 Total $ 9,591,389 $ 9,591,389 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,058,843 $ 2,058,843 Legislative Fiscal Office $ 1,863,793 $ 1,863,793 Legislative Budget Office $ 786,990 $ 786,990 Ancillary Activities $ 1,117,998 $ 1,117,998 Total $ 5,827,624 $ 5,827,624 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

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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 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 $ 12,596,408 Operations Budget: Personal Services $ 10,381,288 Regular Operating Expenses $ 364,220 Travel $ 813,972 Motor Vehicle Purchases $ 172,500 Equipment $ 24,900 Per Diem, Fees and Contracts $ 50,888 Real Estate Rentals $ 336,140 Computer Charges $ 396,800 Telecommunications $ 55,700 Total Funds Budgeted $ 12,596,408 State Funds Budgeted $ 12,596,408 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 3,900,608 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 4,504,874 Section 5. Superior Courts . Budget Unit: Superior Courts $ 36,750,463 Operation of the Courts $ 35,015,299 Prosecuting Attorneys' Council $ 747,652 Sentence Review Panel $ 119,600 Council of Superior Court Judges $ 73,435 Judicial Administrative Districts $ 779,477 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 $ 1,509,673 Council Operations $ 665,088 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 Payment to Resource Center $ 150,000 Payment to Computerized Information Network $ 539,010 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 109,310

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PART III. EXECUTIVE BRANCH. Section 10. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 39,823,820 Administration and Services Budget: Personal Services $ 42,591,314 Regular Operating Expenses $ 9,717,316 Travel $ 335,449 Motor Vehicle Purchases $ 430,700 Equipment $ 4,215,479 Computer Charges $ 8,833,624 Real Estate Rentals $ 3,288,851 Telecommunications $ 897,578 Per Diem, Fees and Contracts $ 635,362 Rents and Maintenance Expense $ 15,966,243 Utilities $ 42,635 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 $ 34,165,279 Materials for Resale $ 11,650,000 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 Capital Outlay $ 170,000 Total Funds Budgeted $142,385,862 State Funds Budgeted $ 39,823,820 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 548,880 $ 548,880 Departmental Administration $ 2,314,218 $ 2,285,287 Treasury and Fiscal Administration $ 16,880,785 $ 14,828,637 Central Supply Administration $ 12,128,279 $ 0 Procurement Administration $ 2,734,176 $ 2,734,176 General Services Administration $ 657,217 $ 0 Space Management Administration $ 521,873 $ 521,873 Data Processing Services $ 50,545,599 $ 12,924,967 Motor Vehicle Services $ 3,844,853 $ 0 Communications Services $ 42,710,204 $ 5,850,000 Printing Services $ 5,574,379 $ 130,000 Surplus Property Services $ 1,564,315 $ 0 Mail and Courier Services $ 683,247 $ 0 Risk Management Services $ 1,677,837 $ 0 Total $ 142,385,862 $ 39,823,820 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 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 $ 32,448,217 State Operations Budget: Personal Services $ 28,055,956 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 $ 1,662,832 Veterinary Fees $ 547,000 Indemnities $ 91,000 Bee Indemnities $ 75,000 Advertising Contract $ 205,000 Payments to Georgia Agrirama Development Authority for Operations $ 526,600 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 $ 41,205,773 State Funds Budgeted $ 32,448,217 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,304,536 $ 3,839,911 Animal Industry $ 6,398,502 $ 6,026,778 Marketing $ 1,766,211 $ 1,721,957 General Field Forces $ 3,628,428 $ 3,628,428 Internal Administration $ 4,363,030 $ 4,285,030 Information and Education $ 1,405,150 $ 1,405,150 Fuel and Measures $ 3,012,727 $ 3,004,727 Consumer Protection Field Forces $ 5,925,309 $ 4,567,704 Meat Inspection $ 4,107,818 $ 1,611,752 Major Markets $ 4,006,733 $ 534,248 Seed Technology $ 364,797 $ 0 Entomology and Pesticides $ 1,922,532 $ 1,822,532 Total $ 41,205,773 $ 32,448,217 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 557,000 Regular Operating Expenses $ 143,305 Travel $ 7,250 Motor Vehicle Purchases $ 0 Equipment $ 28,466 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 75,731 Capital Outlay $ 246,000 Goods for Resale $ 98,280 Total Funds Budgeted $ 1,165,032 State Funds Budgeted $ 0 Section 12. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 5,733,574 Administration and Examination Budget: Personal Services $ 4,794,975 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 $ 63,911 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 5,733,574 State Funds Budgeted $ 5,733,574 Section 13. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 8,372,056 State Operations Budget: Personal Services $ 4,803,291 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 $ 123,132 Capital Felony Expenses $ 327,919 Contracts with Area Planning and Development Commissions $ 1,400,000 Local Assistance Grants $ 310,000 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 $ 39,697,376 State Funds Budgeted $ 8,372,056 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 4,086,459 $ 4,063,959 Technical Assistance $ 1,394,920 $ 1,209,614 Community and Economic Development $ 32,856,144 $ 1,904,676 Intergovernmental Assistance $ 1,086,214 $ 920,168 Office of Rural Development $ 273,639 $ 273,639 Total $ 39,697,376 $ 8,372,056 Section 14. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 308,745,275 Personal Services $ 223,651,418 Regular Operating Expenses $ 25,103,025 Travel $ 1,330,530 Motor Vehicle Purchases $ 1,432,000 Equipment $ 4,867,492 Computer Charges $ 869,450 Real Estate Rentals $ 2,920,461 Telecommunications $ 2,264,367 Per Diem, Fees and Contracts $ 1,687,805 Capital Outlay $ 1,180,000 Utilities $ 8,479,215 Court Costs $ 445,000 County Subsidy $ 11,110,000 County Subsidy for Jails $ 8,500,000 County Workcamp Construction Grants $ 1,450,000 Grants for Local Jails $ 20,000 Central Repair Fund $ 682,000 Payments to Central State Hospital for Meals $ 3,199,945 Payments to Central State Hospital for Utilities $ 1,429,703 Payments to Public Safety for Meals $ 315,196 Inmate Release Fund $ 1,100,000 Health Services Purchases $ 12,969,341 Payments to MAG for Health Care Certification $ 48,946 University of Georgia - Cooperative Extension Service Contracts $ 289,190 Minor Construction Fund $ 741,400 Authority Lease Rentals $ 200,000 Total Funds Budgeted $ 316,286,484 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 308,745,275 Departmental Functional Budgets Total Funds State Funds Administration $ 38,564,661 $ 38,004,661 Institutions and Support $ 224,262,676 $ 223,020,879 Probation $ 53,459,147 $ 47,719,735 Total $ 316,286,484 $ 308,745,275 B. Budget Unit: Board of Pardons and Paroles $ 19,998,192 Board of Pardons and Paroles Budget: Personal Services $ 16,477,840 Regular Operating Expenses $ 483,309 Travel $ 455,951 Motor Vehicle Purchases $ 124,500 Equipment $ 148,304 Computer Charges $ 126,706 Real Estate Rentals $ 1,115,131 Telecommunications $ 397,469 Per Diem, Fees and Contracts $ 365,454 County Jail Subsidy $ 550,000 Total Funds Budgeted $ 20,244,664 State Funds Budgeted $ 19,998,192 Section 15. Department of Defense . Budget Unit: Department of Defense $ 4,863,042 Operations Budget: Personal Services $ 7,423,010 Regular Operating Expenses $ 3,720,608 Travel $ 66,382 Motor Vehicle Purchases $ 27,200 Equipment $ 50,725 Computer Charges $ 13,830 Real Estate Rentals $ 7,800 Telecommunications $ 132,596 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 $ 63,160 Repairs and Renovations $ 325,125 Total Funds Budgeted $ 13,168,036 State Funds Budgeted $ 4,863,042 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,364,010 $ 1,241,750 Georgia Emergency Management Agency $ 1,959,677 $ 903,813 Georgia Air National Guard $ 3,336,041 $ 462,047 Georgia Army National Guard $ 5,508,308 $ 2,255,432 Total $ 13,168,036 $ 4,863,042 Section 16. State Board of Education - Department of Education . Budget Unit: Department of Education $ 2,382,304,274 Operations: Personal Services $ 39,092,937 Regular Operating Expenses $ 4,676,871 Travel $ 1,706,044 Motor Vehicle Purchases $ 96,590 Equipment $ 546,391 Computer Charges $ 9,291,774 Real Estate Rentals $ 2,190,848 Telecommunications $ 758,781 Per Diem, Fees and Contracts $ 17,494,447 Utilities $ 833,720 Capital Outlay $ 232,000 QBE Formula Grants: Kindergarten/Grades 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 $ 13,938,667 Media $ 83,370,542 Indirect Cost $ 446,973,429 Pupil Transportation $ 106,125,602 Isolated Schools $ 992,440 Mid-Term Adjustment $ 36,727,238 Local Fair Share $(427,320,488) Other Categorical Grants: Equalization Formula $ 114,076,541 Sparsity Grants $ 2,585,942 In School Suspension $ 0 Special Instructional Assistance $ 1,000,000 Middle School Incentive $ 12,026,299 Special Education Low - Incidence Grants $ 188,694 Non-QBE Grants: Education of Children of Low-Income Families $ 86,908,735 Retirement (H.B. 272 and H.B. 1321) $ 3,503,745 Instructional Services for the Handicapped $ 29,455,844 Removal of Architectural Barriers $ 888,439 Tuition for the Multi-Handicapped $ 2,558,000 Severely Emotionally Disturbed $ 31,942,336 School Lunch (Federal) $ 127,921,445 School Lunch (State) $ 22,666,600 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 6,015,946 Regional Education Service Agencies $ 6,137,565 Georgia Learning Resources System $ 2,991,722 High School Program $ 17,773,920 Special Education in State Institutions $ 3,030,345 Governor's Scholarships $ 1,269,600 Special Projects $ 563,403 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 366,540 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 $ 14,218,609 Innovative Programs $ 670,500 Technology Grants $ 850,000 Limited English - Speaking Students Program $ 1,250,000 Drug Free School (Federal) $ 3,541,023 Transistion Program for Refugees $ 110,450 Emergency Immigrant Education Program $ 61,547 Robert C. Byrd Scholarship (Federal) $ 152,500 Total Funds Budgeted $ 2,708,119,114 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 2,382,304,274 Education Functional Budgets Total Funds State Funds State Administration $ 4,097,732 $ 3,628,218 Instructional programs $ 16,209,683 $ 8,968,243 Governor's Honors Program $ 1,040,401 $ 978,945 Administrative Services $ 20,055,464 $ 14,502,123 Evaluation and Personnel Development $ 15,034,976 $ 14,404,372 Special Services $ 4,074,159 $ 2,619,964 Professional Standards Commission $ 258,975 $ 258,975 Professional Practices Commission $ 540,693 $ 540,693 Local Programs $ 2,631,198,711 $ 2,321,570,156 Georgia Academy for the Blind $ 4,202,888 $ 3,994,540 Georgia School for the Deaf $ 6,601,224 $ 6,399,680 Atlanta Area School for the Deaf $ 4,804,208 $ 4,438,365 Total $ 2,708,119,114 $2,382,304,274 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 $ 31,910,958 State Operations Budget: Personal Services $ 26,727,598 Regular Operating Expenses $ 6,712,733 Travel $ 157,298 Motor Vehicle Purchases $ 1,259,133 Equipment $ 2,335,896 Computer Charges $ 115,305 Real Estate Rentals $ 39,694 Telecommunications $ 871,599 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 $ 39,377,603 State Funds Budgeted $ 31,910,958 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 5,118,743 $ 585,291 Field Services $ 31,786,519 $ 28,860,326 Wood Energy $ 28,000 $ 28,000 General Administration and Support $ 2,444,341 $ 2,437,341 Total $ 39,377,603 $ 31,910,958 Section 19. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 31,261,237 Operations Budget: Personal Services $ 22,789,687 Regular Operating Expenses $ 2,268,866 Travel $ 600,075 Motor Vehicle Purchases $ 466,800 Equipment $ 546,894 Computer Charges $ 584,085 Real Estate Rentals $ 1,779,565 Telecommunications $ 1,683,765 Per Diem, Fees and Contracts $ 42,500 Evidence Purchased $ 479,000 Capital Outlay $ 20,000 Total Funds Budgeted $ 31,261,237 Total State Funds Budgeted $ 31,261,237 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,010,351 $ 3,010,351 Drug Enforcement $ 6,179,823 $ 6,179,823 Investigative $ 10,114,066 $ 10,114,066 Georgia Crime Information Center $ 6,029,284 $ 6,029,284 Forensic Sciences $ 5,927,713 $ 5,927,713 Total $ 31,261,237 $ 31,261,237 Section 20. Office of the Governor . Budget Unit: Office of the Governor $ 19,347,193 Personal Services $ 8,805,813 Regular Operating Expenses $ 451,250 Travel $ 188,300 Motor Vehicle Purchases $ 0 Equipment $ 61,734 Computer Charges $ 148,400 Real Estate Rentals $ 643,014 Telecommunications $ 211,480 Per Diem, Fees and Contracts $ 48,734,896 Cost of Operations $ 2,790,542 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,650,000 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 $ 662,461 Children and Youth Grants $ 100,000 Payments to Hazardous Waste Management Authority $ 150,000 Total Funds Budgeted $ 68,980,896 State Funds Budgeted $ 19,347,193 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 5,638,542 $ 5,638,542 Office of Fair Employment Practices $ 807,449 $ 739,236 Office of Planning and Budget $ 4,447,197 $ 4,307,197 Council for the Arts $ 3,786,261 $ 3,248,016 Office of Consumer Affairs $ 1,994,660 $ 1,994,660 State Energy Office $ 47,757,592 $ 341,127 Vocational Education Advisory Council $ 288,447 $ 133,447 Office of Consumers' Utility Council $ 651,987 $ 651,987 Criminal Justice Coordinating Council $ 656,436 $ 410,656 Juvenile Justice Coordinating Council $ 1,409,005 $ 339,005 Commission on Children and Youth $ 1,153,325 $ 1,153,325 Growth Strategies Commission $ 277,625 $ 277,625 Human Relations Commission $ 112,370 $ 112,370 Total $ 68,980,896 $ 19,347,193

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Section 21. Department of Human Resources . A. Budget Unit: Departmental Operations $ 435,551,152 1. General Administration and Support Budget: Personal Services $ 51,698,977 Regular Operating Expenses $ 2,603,042 Travel $ 1,411,429 Motor Vehicle Purchases $ 0 Equipment $ 403,802 Computer Charges $ 2,751,646 Real Estate Rentals $ 5,048,438 Telecommunications $ 1,065,557 Per Diem, Fees and Contracts $ 2,529,806 Utilities $ 299,074 Postage $ 992,468 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 4,000 Payments to DMA - Community Care $ 8,108,680 Service Benefits for Children $ 10,761,878 Special Purpose Contracts $ 236,000 Purchase of Service Contracts $ 35,342,499 Total Funds Budgeted $ 123,257,296 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 55,925,995 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 786,467 $ 786,467 Administrative Appeals $ 1,222,147 $ 1,222,147 Administrative Policy, Coordination, and Direction $ 310,462 $ 310,462 Personnel $ 1,676,691 $ 1,632,736 Indirect Cost $ 0 $ (5,090,942) Facilities Management $ 4,938,930 $ 3,444,691 Public Affairs $ 529,285 $ 529,285 Community/Intergovernmental Affairs $ 531,212 $ 531,212 Budget Administration $ 1,650,435 $ 1,650,435 Financial Services $ 5,161,837 $ 4,961,837 Auditing Services $ 2,045,111 $ 2,045,111 Special Projects $ 516,000 $ 516,000 Office of Children and Youth $ 10,761,878 $ 10,245,359 Planning Councils $ 479,385 $ 142,505 Community Services Block Grant $ 9,341,668 $ 0 Regulatory Services Program Direction and Support $ 677,213 $ 677,213 Child Care Licensing $ 2,413,625 $ 2,403,625 Laboratory Improvement $ 805,153 $ 578,992 Health Care Facilities Regulation $ 3,414,749 $ 964,243 Compliance Monitoring $ 402,997 $ 402,997 Radiological Health $ 802,603 $ 599,959 Fraud and Abuse $ 5,521,776 $ 273,214 Child Support Recovery $ 21,156,778 $ 2,754,503 Support Services $ 9,493,933 $ 9,281,333 Aging Services $ 37,305,223 $ 13,805,873 State Health Planning and Development Agency $ 1,311,738 $ 1,256,738 Total $ 123,257,296 $ 55,925,995 2. Public Health Budget: Personal Services $ 44,656,998 Regular Operating Expenses $ 53,736,162 Travel $ 1,204,223 Motor Vehicle Purchases $ 0 Equipment $ 428,166 Computer Charges $ 620,183 Real Estate Rentals $ 778,216 Telecommunications $ 650,571 Per Diem, Fees and Contracts $ 3,340,858 Utilities $ 0 Postage $ 95,556 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 $ 2,691,975 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 4,059,421 Family Planning Benefits $ 378,961 Grant-In-Aid to Counties $ 62,677,766 Purchase of Service Contracts $ 10,706,055 Special Purpose Contracts $ 6,370,000 Total Funds Budgeted $ 209,935,225 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 123,240,841 Public Health Functional Budgets Total Funds State Funds Director's Office $ 777,061 $ 579,836 Employees' Health $ 339,799 $ 299,799 Health Program Management $ 1,282,294 $ 1,197,294 Vital Records $ 1,752,930 $ 1,617,001 Health Services Research $ 692,918 $ 470,100 Primary Health Care $ 753,832 $ 691,744 Stroke and Heart Attack Prevention $ 1,860,754 $ 1,444,504 Epidemiology $ 1,788,060 $ 775,017 Immunization $ 562,672 $ 0 Sexually Transmitted Diseases $ 1,528,042 $ 267,066 Community Tuberculosis Center $ 1,399,897 $ 1,399,897 Family Health Management $ 11,112,501 $ 5,378,629 Infant and Child Health $ 9,392,795 $ 9,201,585 Maternal Health - Perinatal $ 2,293,070 $ 847,137 Family Planning $ 10,495,104 $ 5,741,660 Malnutrition $ 54,959,983 $ 0 Dental Health $ 1,690,894 $ 1,480,719 Children's Medical Services $ 11,899,431 $ 9,687,488 Chronic Disease $ 1,385,564 $ 1,385,564 Diabetes $ 664,206 $ 664,206 Cancer Control $ 3,778,928 $ 3,723,281 Environmental Health $ 846,992 $ 461,663 Laboratory Services $ 5,023,959 $ 4,903,959 Emergency Health $ 2,850,196 $ 1,789,696 District Health Administration $ 10,172,179 $ 10,042,504 Newborn Follow-Up Care $ 869,524 $ 686,574 Sickle Cell, Vision and Hearing $ 3,055,547 $ 2,604,595 High-Risk Pregnant Women and Infants $ 6,594,224 $ 6,594,224 Grant in Aid to Counties $ 53,595,372 $ 46,715,239 Community Health Management $ 460,207 $ 359,633 Community Care $ 2,957,876 $ 1,165,086 Aids $ 3,098,414 $ 1,065,141 Total $ 209,935,225 $ 123,240,841 3. Rehabilitation Services Budget: Personal Services $ 62,014,634 Regular Operating Expenses $ 9,522,121 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 $ 4,452,190 Utilities $ 943,324 Capital Outlay $ 0 Postage $ 335,300 Institutional Repairs and Maintenance $ 165,000 Case Services $ 15,634,998 E.S.R.P. Case Services $ 50,000 Special Purpose Contracts $ 509,100 Purchase of Services Contracts $ 6,321,672 Total Funds Budgeted $ 107,201,186 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 22,226,770 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,859,180 $ 1,348,005 Grants Management $ 680,089 $ 547,225 State Rehabilitation Facilities $ 7,796,577 $ 1,547,498 Roosevelt Warm Springs Institute $ 17,137,188 $ 4,181,126 Georgia Factory for the Blind $ 12,598,968 $ 606,252 Disability Adjudication $ 22,278,407 $ 0 Production Workshop $ 962,248 $ 0 District Field Services $ 34,448,934 $ 7,453,796 Independent Living $ 495,367 $ 286,724 Sheltered Employment $ 1,414,072 $ 725,988 Community Facilities $ 5,120,256 $ 5,120,256 Bobby Dodd Workshop $ 409,900 $ 409,900 Total $ 107,201,186 $ 22,226,770 4. Family and Children Services Budget: Personal Services $ 13,971,775 Regular Operating Expenses $ 1,401,440 Travel $ 397,600 Motor Vehicle Purchases $ 10,400 Equipment $ 73,975 Computer Charges $ 15,708,002 Real Estate Rentals $ 216,243 Telecommunications $ 907,120 Per Diem, Fees and Contracts $ 4,996,424 Utilities $ 9,100 Postage $ 1,371,985 Cash Benefits $ 292,245,527 Grants to County DFACS - Operations $ 178,551,696 Service Benefits for Children $ 45,707,516 Special Purpose Contracts $ 3,416,730 Purchase of Service Contracts $ 2,225,484 Total Funds Budgeted $ 561,211,017 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 234,157,546 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,328,582 $ 0 AFDC Payments $ 278,792,787 $ 103,035,261 SSI - Supplemental Benefits $ 100 $ 100 Energy Benefits $ 12,978,058 $ 0 County DFACS Operations - Social Services $ 48,054,191 $ 8,167,368 County DFACS Operations - Eligibility $ 76,878,122 $ 38,439,061 County DFACS Operations - Joint and Administration $ 45,284,352 $ 21,235,662 County DFACS Operations - Homemakers Services $ 6,636,080 $ 6,636,080 Food Stamp Issuance $ 2,427,000 $ 0 Director's Office $ 872,594 $ 872,594 Administrative Support $ 4,087,055 $ 3,390,727 Regional Administration $ 3,866,113 $ 3,866,113 Public Assistance $ 4,768,838 $ 2,109,597 Management Information Systems $ 18,133,782 $ 7,105,382 Social Services $ 2,271,438 $ 2,271,438 Indirect Cost $ 0 $ (5,718,173) Employability Benefits $ 2,318,389 $ 1,908,631 Legal Services $ 1,797,333 $ 1,797,333 Family Foster Care $ 19,574,332 $ 12,497,722 Institutional Foster Care $ 1,939,720 $ 1,469,164 Specialized Foster Care $ 672,684 $ 509,493 Adoption Supplement $ 3,293,375 $ 2,707,472 Day Care $ 18,365,300 $ 15,865,300 Home Management - Contracts $ 154,200 $ 154,200 Outreach - Contracts $ 757,600 $ 757,600 Special Projects $ 1,089,030 $ 1,072,630 Program Support $ 3,036,011 $ 2,847,611 County DFACS Operations - Employability program $ 1,833,951 $ 1,159,180 Total $ 561,211,017 $ 234,157,546 Budget Unit Object Classes: Personal Services $ 172,342,384 Regular Operating Expenses $ 67,262,765 Travel $ 3,814,915 Motor Vehicle Purchases $ 274,900 Equipment $ 1,339,857 Computer Charges $ 20,753,351 Real Estate Rentals $ 8,719,846 Telecommunications $ 4,025,549 Per Diem, Fees and Contracts $ 15,319,278 Utilities $ 1,251,498 Postage $ 2,795,309 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 $ 2,691,975 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 4,059,421 Family Planning Benefits $ 378,961 Midwifery Program Benefits $ 2,068,464 Grant-In-Aid to Counties $ 62,677,766 Payments to DMA-Community Care $ 8,108,680 Service Benefits for Children $ 56,469,394 Case Services $ 15,634,998 E.S.R.P. Case Services $ 50,000 Cash Benefits $ 292,245,527 Grants for County DFACS - Operations $ 178,551,696 Institutional Repairs and Maintenance $ 169,000 Special Purpose Contracts $ 10,531,830 Purchase of Service Contracts $ 54,595,710 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 452,111,832 Departmental Operations: Personal Services $ 359,635,702 Regular Operating Expenses $ 32,584,668 Travel $ 991,562 Motor Vehicle Purchases $ 942,327 Equipment $ 3,558,294 Computer Charges $ 4,112,195 Real Estate Rentals $ 778,109 Telecommunications $ 2,822,181 Per Diem, Fees and Contracts $ 6,012,577 Utilities $ 13,456,804 Capital Outlay $ 21,200 Authority Lease Rentals $ 748,468 Institutional Repairs and Maintenance $ 2,363,882 Grants to County-Owned Detention Centers $ 2,222,640 Substance Abuse Community Services $ 30,461,421 Mental Retardation Community Services $ 84,548,208 Mental Health Community Services $ 11,605,116 Community Mental Health Center Services $ 45,212,140 Special Purpose Contract $ 1,356,660 Service Benefits for Children $ 2,140,048 Purchase of Service Contracts $ 496,000 Total Funds Budgeted $ 606,070,202 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 452,111,832 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 36,192,034 $ 24,253,161 Georgia Retardation Center $ 30,441,744 $ 15,188,754 Georgia Mental Health Institute $ 25,593,790 $ 22,916,580 Georgia Regional Hospital at Augusta $ 20,479,238 $ 17,370,153 Northwest Regional Hospital at Rome $ 25,907,107 $ 20,173,883 Georgia Regional Hospital at Atlanta $ 28,514,220 $ 22,744,704 Central State Hospital $ 119,705,443 $ 79,603,880 Georgia Regional Hospital at Savannah $ 23,584,681 $ 21,071,532 Gracewood State School and Hospital $ 43,857,798 $ 23,730,256 West Central Georgia Regional Hospital $ 20,538,230 $ 15,930,948 Outdoor Therapeutic Program $ 2,340,454 $ 2,188,174 Mental Health Community Assistance $ 8,689,176 $ 8,605,367 Mental Retardation Community Assistance $ 4,551,317 $ 2,771,090 Day Care Centers for Mentally Retarded $ 64,855,251 $ 37,297,251 Supportive Living $ 11,288,718 $ 10,525,795 Georgia State Foster Grandparents/Senior Companion Program $ 591,869 $ 577,623 Project Rescue $ 410,048 $ 247,048 Drug Abuse Contracts $ 1,147,297 $ 1,147,297 Community Mental Health Center Services $ 45,212,140 $ 36,476,722 Project ARC $ 371,144 $ 371,144 Metro Drug Abuse Centers $ 1,670,580 $ 1,420,580 Group Homes for Autistic Children $ 273,604 $ 273,604 Project Friendship $ 316,398 $ 316,398 Community Mental Retardation Staff $ 3,262,748 $ 3,262,748 Community Mental Retardation Residential Services $ 15,038,198 $ 15,038,198 Contract with Clayton County Board of Education for Autistic Children $ 74,630 $ 74,630 MH/MR/SA Administration $ 8,340,819 $ 6,878,446 Regional Youth Development Centers $ 17,590,349 $ 17,253,349 Milledgeville State YDC $ 9,898,567 $ 9,513,156 Augusta State YDC $ 6,707,708 $ 6,636,973 Atlanta State YDC $ 3,737,087 $ 3,620,973 Macon State YDC $ 3,496,507 $ 3,385,107 Court Services $ 10,593,216 $ 10,593,216 Community Treatment Centers $ 2,517,774 $ 2,517,774 Day Centers $ 930,659 $ 930,659 Group Homes $ 660,496 $ 660,496 Purchased Services $ 3,338,447 $ 3,238,447 Runaway Investigation/Interstate Compact $ 692,810 $ 692,810 Assessment and Classification $ 402,184 $ 402,184 Youth Services Administration $ 2,255,722 $ 2,210,722 Total $ 606,070,202 $ 452,111,832 Section 22. Department of Industry and Trade . Budget Unit: Department of Industry and Trade $ 17,864,012 State Operations Budget: Personal Services $ 6,885,334 Regular Operating Expenses $ 1,611,369 Travel $ 349,445 Motor Vehicle Purchases $ 68,500 Equipment $ 73,995 Computer Charges $ 125,025 Real Estate Rentals $ 607,140 Telecommunications $ 252,860 Per Diem, Fees and Contracts $ 439,425 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 $ 19,057,277 State Funds Budgeted $ 17,864,012 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 6,470,943 $ 5,628,943 Economic Development $ 4,735,281 $ 4,552,281 Tourism $ 7,851,053 $ 7,682,788 Total $ 19,057,277 $ 17,864,012 Section 23. Department of Insurance . Budget Unit: Department of Insurance $ 10,070,182 Operations Budget: Personal Services $ 9,159,657 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 $ 185,500 Total Funds Budgeted $ 11,236,628 State Funds Budgeted $ 10,070,182 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,898,340 $ 1,898,340 Insurance Regulation $ 4,023,256 $ 3,917,271 Industrial Loans Regulation $ 565,685 $ 565,685 Fire Safety and Mobile Home Regulations $ 4,749,347 $ 3,688,886 Total $ 11,236,628 $ 10,070,182 Section 24. Department of Labor . Budget Unit: Department of Labor $ 6,028,241 State Operations: Personal Services $ 54,976,779 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 $ 133,057,579 State Funds Budgeted $ 6,028,241

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Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 2,769,821 $ 581,610 Administrative Services $ 16,028,057 $ 1,296,313 Employment and Training Services $ 114,259,701 $ 4,150,318 Total $ 133,057,579 $ 6,028,241 Section 25. Department of Law . Budget Unit: Department of Law $ 7,983,444 Attorney General's Office Budget: Personal Services $ 7,097,516 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 $ 8,533,444 State Funds Budgeted $ 7,983,444 Section 26. Department of Medical Assistance . Budget Unit: Medicaid Services $ 437,621,350 Departmental Operations Budget: Personal Services $ 10,799,527 Regular Operating Expenses $ 489,000 Travel $ 189,900 Motor Vehicle Purchases $ 0 Equipment $ 43,536 Computer Charges $ 12,391,225 Real Estate Rentals $ 925,973 Telecommunications $ 343,642 Per Diem, Fees and Contracts $ 16,601,244 Medicaid Benefits, Penalties and Disallowances $1,241,228,594 Payments to Counties for Mental Health $ 25,170,529 Audit Contracts $ 772,500 Total Funds Budgeted $1,308,955,670 State Funds Budgeted $ 437,621,350 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 1,090,724 $ 429,961 Program Management $ 20,518,899 $ 2,722,459 Systems Management $ 14,852,016 $ 4,148,779 Administration $ 2,359,266 $ 323,502 Program Integrity $ 3,735,642 $ 1,597,294 Benefits, Penalties and Disallowances $1,266,399,123 $ 428,399,355 Total $1,308,955,670 $ 437,621,350 Section 27. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 43,203,865 Departmental Operations Budget: Personal Services $ 6,784,777 Regular Operating Expenses $ 1,077,400 Travel $ 71,000 Equipment $ 73,790 Computer Charges $ 2,586,808 Real Estate Rentals $ 754,119 Telecommunications $ 84,826 Per Diem, Fees and Contracts $ 33,620,920 Health Insurance Payments $ 411,787,556 Total Funds Budgeted $ 456,841,196 Agency Assessments $ 8,653,661 Employee and Employer Contributions $ 404,928,670 Deferred Compensation $ 55,000 State Funds $ 43,203,865 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,425,828 $ 0 Classification and Compensation $ 1,034,309 $ 0 Flexible Benefits $ 998,557 $ 0 Employee Training and Development $ 1,297,374 $ 0 Health Insurance Administration $ 11,434,281 $ 0 Health Insurance Claims $ 436,347,856 $ 43,203,865 Internal Administration $ 1,813,260 $ 0 Commissioner's Office $ 1,489,731 $ 0 Total $ 456,841,196 $ 43,203,865 Section 28. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 71,563,882 Operations Budget: Personal Services $ 52,031,707 Regular Operating Expenses $ 10,310,215 Travel $ 505,350 Motor Vehicle Purchases $ 1,493,994 Equipment $ 1,742,335 Computer Charges $ 626,120 Real Estate Rentals $ 1,706,138 Telecommunications $ 1,294,574 Per Diem, Fees and Contracts $ 1,463,268 Land and Water Conservation Grants $ 900,000 Recreation Grants $ 530,000 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 $ 59,892 Capital Outlay - Consolidated Maintenance - Game and Fish $ 347,831 Technical Assistance Contract $ 125,000 Capital Outlay $ 3,913,696 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 $ 1,404,556 Historic Preservation Grant $ 275,000 Environmental Facilities Grant $ 7,050,000 Georgia Boxing Commission $ 7,000 Lanier Regional Committee $ 13,000 Paving at State Parks and Historic Sites $ 500,000 National Parks Service Grants $ 150,000 Capital Outlay - Waterfowl Habitat $ 200,000 Waterfowl Conservation Fund $ 135,000 Total Funds Budgeted $ 95,998,526 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 $ 71,563,882 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 7,836,755 $ 7,441,004 Game and Fish $ 26,494,449 $ 21,918,985 Parks, Recreation and Historic Sites $ 32,184,559 $ 19,190,525 Environmental Protection $ 25,063,695 $ 21,485,611 Coastal Resources $ 4,419,068 $ 1,527,757 Total $ 95,998,526 $ 71,563,882 B. Budget Unit: Authorities $ 0 Operations Budget: Personal Services $ 3,320,151 Regular Operating Expenses $ 1,944,100 Travel $ 22,400 Motor Vehicle Purchases $ 99,000 Equipment $ 321,355 Computer Charges $ 25,000 Real Estate Rentals $ 10,200 Telecommunications $ 119,050 Per Diem, Fees and Contracts $ 144,700 Capital Outlay $ 1,918,600 Total Funds Budgeted $ 7,924,556 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Lake Lanier Islands Development Authority $ 6,520,000 $ 0 Georgia Agricultural Exposition Authority $ 1,404,556 $ 0 Total $ 7,924,556 $ 0 Section 29. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 72,454,203 Operations Budget: Personal Services $ 54,998,371 Regular Operating Expenses $ 8,597,566 Travel $ 140,300 Motor Vehicle Purchases $ 3,146,977 Equipment $ 681,806 Computer Charges $ 3,731,300 Real Estate Rentals $ 33,800 Telecommunications $ 1,103,883 Per Diem, Fees and Contracts $ 246,000 Conviction Reports $ 225,000 State Patrol Posts Repairs and Maintenance $ 200,000 Capital Outlay $ 50,000 Driver License Processing $ 949,200 Total Funds Budgeted $ 74,104,203 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 72,454,203 Public Safety Functional Budgets Total Funds State Funds Administration $ 17,545,148 $ 16,045,148 Driver Services $ 13,842,033 $ 13,842,033 Field Operations $ 42,717,022 $ 42,567,022 Total $ 74,104,203 $ 72,454,203 B. Budget Unit: Units Attached for Administrative Purposes Only $ 13,164,335 1. Attached Units Budget: Personal Services $ 6,163,941 Regular Operating Expenses $ 2,262,872 Travel $ 133,500 Motor Vehicle Purchases $ 136,170 Equipment $ 151,795 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 $ 13,305,271 State Funds Budgeted $ 12,874,196 2. Office of Highway Safety Budget: Personal Services $ 397,276 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 $ 4,074,801 State Funds Budgeted $ 290,139 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,074,801 $ 290,139 Georgia Peace Officers Standards and Training $ 4,418,356 $ 4,418,356 Police Academy $ 841,577 $ 821,577 Fire Academy $ 1,118,865 $ 1,019,865 Georgia Firefighters Standards and Training Council $ 408,023 $ 408,023 Organized Crime Prevention Council $ 344,845 $ 344,845 Georgia Public Safety Training Facility $ 6,173,605 $ 5,861,530 Total $ 17,380,072 $ 13,164,335 Section 30. 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 31. Public Service Commission . Budget Unit: Public Service Commission $ 7,339,828 Departmental Operations Budget: Personal Services $ 5,870,419 Regular Operating Expenses $ 394,861 Travel $ 220,100 Motor Vehicle Purchases $ 57,900 Equipment $ 53,364 Computer Charges $ 341,800 Real Estate Rentals $ 278,825 Telecommunications $ 113,300 Per Diem, Fees and Contracts $ 1,250,000 Total Funds Budgeted $ 8,580,569 State Funds Budgeted $ 7,339,828 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,596,604 $ 1,596,604 Transportation $ 2,766,949 $ 1,649,352 Utilities $ 4,217,016 $ 4,093,872 Total $ 8,580,569 $ 7,339,828 Section 32. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 669,316,844 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 712,544,198 Sponsored Operations $ 100,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 194,877,978 Sponsored Operations $ 116,000,000 Special Funding Initiative $ 10,000,000 Office of Minority Business Enterprise $ 333,975 Special Desegregation Programs $ 368,841 Authority Lease Rentals $ 0 Research Consortium $ 0 Eminent Scholars Program $ 0 Capital Outlay $ 1,020,000 Total Funds Budgeted $1,135,144,992 Departmental Income $ 27,160,771 Sponsored Income $ 216,000,000 Other Funds $ 219,640,077 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 669,316,844 B. Budget Unit: Regents Central Office and Other Organized Activities $ 140,148,964 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 182,996,989 Sponsored Operations $ 56,589,452 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 80,767,375 Sponsored Operations $ 25,816,168 Fire Ant and Environmental Toxicology Research $ 267,521 Agricultural Research $ 1,693,360 Advanced Technology Development Center $ 1,251,877 Capitation Contracts for Family Practice Residency $ 2,655,750 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 680,924 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 $ 369,949,476 Departmental Income $ 0 Sponsored Income $ 82,415,620 Other Funds $ 146,829,192 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 140,148,964 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,823,150 $ 1,136,242 Skidaway Institute of Oceanography $ 3,469,274 $ 1,569,274 Marine Institute $ 1,217,689 $ 896,990 Georgia Tech Research Institute $ 96,148,375 $ 11,612,620 Engineering Extension Division $ 5,718,590 $ 1,807,928 Agricultural Experiment Station $ 48,307,462 $ 32,300,675 Cooperative Extension Service $ 45,928,134 $ 31,201,434 Eugene Talmadge Memorial Hospital $ 133,121,511 $ 31,204,296 Veterinary Medicine Experiment Station $ 2,833,608 $ 2,833,608 Veterinary Medicine Teaching Hospital $ 2,299,285 $ 466,285 Joint Board of Family Practice $ 5,545,918 $ 5,545,918 Georgia Radiation Therapy Center $ 1,743,722 $ 0 Athens and Tifton Veterinary Laboratories $ 2,181,920 $ 57,270 Regents Central Office $ 19,610,838 $ 19,516,424 Total $ 369,949,476 $ 140,148,964 C. Budget Unit: Georgia Public Telecommunications Commission $ 6,168,939 Public Telecommunications Commission Budget: Personal Services $ 5,135,068 Operating Expenses $ 5,247,823 Total Funds Budgeted $ 10,382,891 Other Funds $ 4,213,952 State Funds Budgeted $ 6,168,939 Section 33. Department of Revenue . Budget Unit: Department of Revenue $ 67,951,948 Operations Budgeted: Personal Services $ 42,862,263 Regular Operating Expenses $ 3,859,658 Travel $ 1,467,725 Motor Vehicle Purchases $ 156,600 Equipment $ 604,445 Computer Charges $ 8,287,721 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 $ 2,682,550 Total Funds Budgeted $ 71,796,948 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 67,951,948 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 4,490,016 $ 4,490,016 Internal Administration $ 9,370,301 $ 9,170,301 Electronic Data Processing $ 4,991,947 $ 4,773,947 Field Services $ 13,999,788 $ 13,699,788 Income Tax Unit $ 7,723,662 $ 6,766,662 Motor Vehicle Unit $ 16,681,034 $ 15,049,034 Central Audit Unit $ 6,037,853 $ 6,037,853 Property Tax Unit $ 4,174,472 $ 4,093,472 Sales Tax Unit $ 4,327,875 $ 3,870,875 Total $ 71,796,948 $ 67,951,948 Section 34. Secretary of State . Budget Unit: Secretary of State $ 20,717,464 Personal Services $ 13,424,337 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 $ 674,862 Election Expenses $ 750,000 Total Funds Budgeted $ 20,717,464 State Funds Budgeted $ 20,717,464 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 2,929,039 $ 2,929,039 Archives and Records $ 4,618,544 $ 4,618,544 Business Services and Regulation $ 3,726,389 $ 3,726,389 Elections and Campaign Disclosure $ 1,432,365 $ 1,432,365 Drugs and Narcotics $ 875,519 $ 875,519 State Ethics Commission $ 178,828 $ 178,828 Occupational Certification $ 6,956,780 $ 6,956,780 Total $ 20,717,464 $ 20,717,464 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 $ 1,465,035 Real Estate Commission Budget: Personal Services $ 826,001 Regular Operating Expenses $ 138,070 Travel $ 12,000 Motor Vehicle Purchases $ 17,000 Equipment $ 10,510 Computer Charges $ 286,354 Real Estate Rentals $ 57,300 Telecommunications $ 16,800 Per Diem, Fees and Contracts $ 101,000 Total Funds Budgeted $ 1,465,035 State Funds Budgeted $ 1,465,035

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Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,465,035 $ 1,505,035 Section 35. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 1,610,570 Soil and Water Conservation Budget: Personal Services $ 755,420 Regular Operating Expenses $ 134,236 Travel $ 49,000 Motor Vehicle Purchases $ 0 Equipment $ 12,400 Computer Charges $ 7,750 Real Estate Rentals $ 44,276 Telecommunications $ 15,360 Per Diem, Fees and Contracts $ 125,732 County Conservation Grants $ 466,396 Total Funds Budgeted $ 1,610,570 State Funds Budgeted $ 1,610,570 Section 36. Student Finance Commission . Budget Unit: Student Finance Commission $ 19,433,282 Administration Budget: Personal Services $ 3,683,982 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 $ 3,817,200 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 $ 27,876,807 State Funds Budgeted $ 19,433,282 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 4,652,067 $ 0 Higher Education Assistance Corporation $ 307,500 $ 160,000 Georgia Student Finance Authority $ 22,917,240 $ 19,273,282 Total $ 27,876,807 $ 19,433,282 Section 37. 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 Section 38. Department of Technical and Adult Education . Budget Unit: Department of Technical and Adult Education $ 108,378,049 Department of Technical and Adult Education Budget: Personal Services $ 3,271,872 Regular Operating Expenses $ 318,568 Travel $ 105,000 Motor Vehicle Purchases $ 0 Equipment $ 25,100 Computer Charges $ 119,684 Real Estate Rentals $ 376,180 Telecommunications $ 67,991 Per Diem, Fees and Contracts $ 1,471,018 Personal Services-Institutions $ 62,908,040 Operating Expenses-Institutions $ 9,552,749 Capital Outlay $ 0 Quick Start Program $ 4,945,908 Area School Program $ 31,486,349 Regents Program $ 2,621,863 Adult Literacy Grants $ 5,653,680 Total Funds Budgeted $ 122,924,002 State Funds Budgeted $ 108,378,049 Institutions Functional Budgets Total Funds State Funds Administration $ 5,755,413 $ 3,823,322 Institutional Programs $ 117,168,589 $ 104,554,727 Total $ 122,924,002 $ 108,378,049 Section 39. Department of Transportation . Budget Unit: Department of Transportation $ 473,639,981 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 201,992,382 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 $ 798,670,594 State Funds Budgeted $ 473,639,981 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 513,967,980 $ 221,388,676 Maintenance and Betterments $ 210,315,522 $ 198,120,826 Facilities and Equipment $ 5,980,771 $ 5,305,771 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 18,961,039 $ 18,631,039 Total $ 758,542,325 $ 452,763,325 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 $ 1,499,044 $ 999,044 Inter-Modal Transfer Facilities $ 15,467,225 $ 5,715,612 Harbor Maintenance Activities $ 2,815,000 $ 2,815,000 Maintenance and Betterments $ 10,280,000 $ 10,280,000 Total $ 40,128,269 $ 20,876,656 Section 40. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 17,342,602 Departmental Operations Budget: Personal Services $ 4,376,930 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 $ 45,400 Capital Outlay $ 0 Operating Expense/Payments to Central State Hospital $ 10,444,943 Operating Expense/Payments to Medical College of Georgia $ 5,396,062 Regular Operating Expenses for Projects and Insurance $ 118,000 Total Funds Budgeted $ 20,946,770 State Funds Budgeted $ 17,342,602 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,912,765 $ 4,682,128 Veterans Home and Nursing Facility - Milledgeville $ 10,558,943 $ 8,435,912 Veterans Nursing Home - Augusta $ 5,475,062 $ 4,224,562 Total $ 20,946,770 $ 17,342,602 Section 41. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 7,481,358 Operations Budget: Personal Services $ 5,907,878 Regular Operating Expenses $ 258,241 Travel $ 62,000 Motor Vehicle Purchases $ 0 Equipment $ 43,142 Computer Charges $ 418,357 Real Estate Rentals $ 593,985 Telecommunications $ 95,700 Per Diem, Fees and Contracts $ 152,055 Total Funds Budgeted $ 7,531,358 State Funds Budgeted $ 7,481,358 Section 42. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 269,814,322 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 16,428,100 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

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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 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. Section 50. Provisions Relative to Section 14, Department of Corrections . From the Appropriations in Section 14, The Department of Corrections is authorized to hire three (3) additional positions at each of two existing Probation Detention Centers and 48 positions at each other Probation Detention Center. From the Appropriations in Section 14, the Department of Corrections is authorized to hire five (5) additional positions in Food and Farm Operations.

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The Georgia Correctional Industries Authority is authorized to construct a central office and warehouse. The General Assembly hereby approves and ratifies capital outlay expenditures by Georgia Correctional Industries Administration for the pending construction of the warehouse facility in Dekalb County, Georgia, [in an amount not to exceed $ 1,700,000]. 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 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 $452,000 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

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of Education for middle school programs. Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated 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 21, 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 $ 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

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It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA institutions for fiscal year 1989 that was authorized in fiscal year 1987. Section 53. Provisions Relative to Section 27, 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. For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each existing object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class. Section 54. Provisions Relative to Section 28, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 28 (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 28. From the appropriation in Section 28 (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 28, 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

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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 55. Provisions Relative to Section 32, Board of 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 56. Provisions Relative to Section 29, Department of Public Safety . The Police Academy is to expend funds for the purposes of the Coroner's Training Courses. Section 57. Provisions Relative to Section 33, Department of Revenue . From the appropriation in Section 33 (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 58. Provisions Relative to Section 38, Department of Technical and Adult Education . None of the State funds appropriated in Section 38 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. Section 59. 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

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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 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 60 . 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

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in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 61 . 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 62 . 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 63 . 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 of special interest in future audits to insure strict compliance with the intent of this General Assembly. Section 64 . 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:

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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 noncomplaince with the stated intent of this Section. Section 65 . 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 66 . No State appropriations authorized under this Act shal be used to continue programs currently funded entirely with Federal funds. Section 67. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 68 . 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

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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 69 . (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, 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

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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 70 . 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 71. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 72. Provisions Relative to Section 42 State of Georgia General Obligation Debt Sinking Fund . With regard to the appropriations in Section 42 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: Provided that from the above appropriated amount for the

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State of Georgia General Obligation Debt Sinking Fund (New), $5,016,000 is specifically appropriated for the purpose of financing mainframe computers for the Department of Administrative Services, 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 $20,900,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,523,600 is specifically appropriated for the purpose of financing equipment and furnishings for the newly constructed buildings of the Department of Technical and Adult Education at North Metro, Altamaha, Moultrie, and Swainsboro Technical Institutes, 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 $10,515,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $199,200 is specifically appropriated for the purpose of financing equipment for the new laundry facility of the Department of Human Resources at Gracewood State School and Hospital, 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 $830,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,346,300 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: unfunded capital outlay for incentive advanced funding for for local school systems, through the issuance of not more than $21,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $660,000 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 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 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $220,000 is specifically appropriated for the purpose of financing rock and dirt removal related to construction at the Georgia Training and Development Center of the Department of Corrections at Buford, 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $198,000 is specifically appropriated for the purpose of financing construction of a new prison in Hancock County, 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund

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(New), $121,000 is specifically appropriated for the purpose of financing the purchase of a facility to become the new Atlanta Advancement Center of the Department of Corrections, 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $216,000 is specifically appropriated for the purpose of financing computer and computer related equipment for the Department of Revenue, 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 $900,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $429,000 is specifically appropriated for the purpose of financing a shock incarceration unit in Treutlen County for the Department of Corrections, 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 $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $99,000 is specifically appropriated for the purpose of financing warehouse facilities for the Department of Corrections at Middle Georgia Correctional Institute, 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

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$900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,400,000 is specifically appropriated for the purpose of financing penal and correctional facilities for the Department of Corrections, 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 $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. 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. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1989.....$ 6,399,179,662 Section 75 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 76 . 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.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1989. SOLID WASTE MANAGEMENT ACTSANITARY LANDFILLS AND OPERATORS; CERTIFICATION; PERMITS; NOTICES; LOCATION; FINANCIAL RESPONSIBILITY. Code Title 12, Chapter 8, Article 2 Amended. No. 41 (Senate Bill No. 70). AN ACT To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill operators; to provide for examinations; to provide for reciprocity; to provide for investigations; to provide for classification of sanitary landfills; to provide for permit conditions; to provide for public notice and hearing prior to the issuance of a permit; to prohibit operation of certain sanitary landfills without proper certification; to prohibit operation of certain sanitary landfills by uncertified operators; to authorize the director of the Environmental Protection Division of the Department of Natural Resources to refuse to grant certain permits; to provide for the conditions for such refusal; to provide for publication of notice of certain meetings at which solid waste disposal facility siting decisions are to be made; to prohibit the issuance of a permit for a sanitary landfill within two miles of certain significant ground-water recharge areas except under certain conditions; to require adequate financial responsibility for persons operating or maintaining solid waste disposal facilities; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural

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Resources and the Board of Natural Resources with respect 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 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place 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) `Certificate' means a document issued by a college or university of the University System of Georgia or other organization approved by the director, stating that the operator has met the requirements of the board for the specified operator classification of the certification program. (3) `Contaminant' means any physical, chemical, biological, or radiological substance or matter. (4) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (5) `Disposal facility' means any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs. (6) `Disposal site' means the location where the final deposition of solid waste occurs. (7) `Division' means the Environmental Protection Division of the Department of Natural Resources. (8) `Generator' means any person in Georgia or in any other state who creates solid waste.

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(9) `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. (10) `Leachate collection system' means a system at a sanitary landfill for collecting the leachate which may percolate through the wastes and into the soils surrounding the landfill. (11) `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. (12) `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. (13) `Operator' means the person having direct supervision of daily field operation of a disposal site to ensure that the site operates in compliance with the permit. (14) `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.

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(15) `Sanitary landfill' means a disposal site where putrescible solid wastes are disposed of by means of placing an earth cover thereon. (16) `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, 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. (17) `Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid wastes, or any combination of such activities. (18) `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 2 . Said article is further amended by deleting and immediately following the semicolon at the end of subparagraph (H) of paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources, and by adding three new subparagraphs immediately following subparagraph (H), to be designated subparagraphs (I), (J), and (K), respectively, to read as follows: (I) Rules and regulations establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsibility required by this article and for the implementation of financial responsibility instruments;

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(J) Rules and regulations establishing qualifications for and certification of sanitary landfill operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and (K) Rules and regulations providing for the certification of persons as to their qualifications to supervise successfully the daily operation of sanitary landfills. Section 3 . Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 12-8-23.1, relating to powers and duties of the director, and inserting in its place a new paragraph (3) to read as follows: (3) (A) 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. (B) To refuse to grant such permit if the director finds by clear and convincing evidence that the applicant for a permit or, in the case of a corporation, partnership, or association, an officer, director, manager, or shareholder of 5 percent or more of stock or financial interest in said corporation, partnership, or association: (i) Has intentionally misrepresented or concealed any material fact in the application submitted to the director; (ii) Has obtained or attempted to obtain the permit by misrepresentation or concealment; (iii) Has been convicted by final judgment, and all appeals have been exhausted, in the State of Georgia or any federal court of any felony involving moral turpitude within three years immediately preceding the application for a permit; (iv) Has been convicted of any violations of any environmental laws punishable as a felony in any state or federal court within five years preceding the application for a permit;

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(v) Has knowingly, willfully, and consistently violated prohibited acts specified in Code Section 12-8-26; and (vi) Has been adjudicated in contempt of any court order enforcing any federal environmental laws or any environmental laws of the State of Georgia within five years preceding the application for a permit; Section 4 . Said article is further amended by striking Code Section 12-8-27, relating to permits for handling solid waste and constructing and operating disposal facilities, in its entirety and inserting in lieu thereof the following: 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; otherwise, he shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted; provided, however, that a public hearing shall be held not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the proposed site and advertised in the legal organ of the county or counties in which the proposed facility will be located at least 30 days prior to such hearing. (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

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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 5 . Said article is further amended by adding a new Code section immediately following Code Section 12-8-27, to be designated Code Section 12-8-27.1, to read as follows: 12-8-27.1. (a) Any certificate granted under this article shall be renewable every five years. (b) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this article. Such courses and examinations shall be given at least twice annually. (c) Upon application, a certificate may be issued without examination, in a comparable classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided that the requirements for certification of operators under which the person's certificate was

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issued do not conflict with this article and are of a standard not lower than that specified by regulations adopted under this article; provided, further, that reciprocal privileges are granted to certified operators of this state. (d) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator, following a hearing conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' when it is found that the operator has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable to perform his duties properly. (e) The division shall classify all sanitary landfills required to have operators certified under this article with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such sanitary landfills according to the skill, knowledge, and experience that the operator in responsible charge must have to operate the facilities successfully so as to protect the public health and welfare and prevent environmental problems. (f) The director is authorized where appropriate to include, as a condition in a permit issued pursuant to this article, the `Solid Waste Management Act,' a requirement that the operator in responsible charge by duly certified in accordance with this article. (g) (1) After July 1, 1991, no person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator without being duly certified under this article. (2) After July 1, 1991, no sanitary landfill which has a leachate collection system shall be operated in Georgia unless the person in responsible charge is certified under this article. All inspectors of sanitary landfills shall be certified to inspect the same. Section 6 . Said article is further amended by adding two new Code sections immediately following Code Section 12-8-28.2, to be designated Code Sections 12-8-28.3 and 12-8-28.4, respectively, to read as follows:

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12-8-28.3. The governing authority of any county or municipality taking action resulting in a solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation within the territorial boundaries of such county or municipality a notice of the meeting at which such siting decision is to be made at least once a week for two weeks immediately preceding the date of such meeting. Such notice shall state the time, place, and purpose of the meeting. 12-8-28.4. No permit shall be issued for a sanitary landfill if any part of such site is within two miles of any area that has been designated by the director as a significant ground-water recharge area unless such sanitary landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director. Section 7 . Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 12-8-45 and 12-8-46, respectively, to read as follows: 12-8-45. (a) As used in this Code section, the term `financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste disposal facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, and financial tests and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart HFinancial Requirements. (b) No solid waste disposal facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility; any corrective action which may be required as a condition of a permit. The available financial responsibility mechanisms shall be expansive with adequate variety and flexibility to allow the owner or operator to meet its financial obligations. The owner or operator shall be allowed to use combined financial responsibility mechanisms for a single facility and shall be allowed to use combined financial responsibility mechanisms for multiple facilities

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utilizing actuarially sound risk-spreading techniques. The director may require the demonstration of financial responsibility prior to issuing a permit for any solid waste disposal facility. (c) The provisions of this Code section shall not apply to any county, municipality, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste disposal facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities. 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 March 15, 1989. MUNICIPAL CORPORATIONSANNEXATION IN CERTAIN COUNTIES (480,000 - 580,000). Code Section 36-36-70 Amended. No. 100 (House Bill No. 962). AN ACT To amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the comprehensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the comprehensive zoning plans of certain counties, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,000 according to the United States decennial census of 1980 or any future such census. 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 21, 1989. PROFESSIONS AND BUSINESSESUSED CAR DEALERS; DEFINITIONS; STATE BOARD OF REGISTRATION OF USED CAR DEALERS; LICENSURE. Code Sections 43-47-2, 43-47-3, and 43-47-7 Amended. No. 169 (Senate Bill No. 214). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration

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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 an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 47 of Title 43 of the Official Code of Georgia Annotated, 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 which 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.

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(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; (ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties; (iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Proof of good faith, as provided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Finance companies, banking institutions, and subsidiaries of a finance company or banking institution when the company, institution, or subsidiary sells its repossessed or leased motor vehicles. A subsidiary, for purposes of this division, is a subsidiary which engages solely in financing or leasing of motor vehicles; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance; (vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; or (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions(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

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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, 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) Two members who shall be representatives of the motor vehicle leasing industry; (2) Three members who shall be independent used car dealers; (3) Five 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, 1990. The members of the board referred 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, 1990. The initial terms of the ten appointed members shall expire as follows: two on June 30, 1992; two on June 30, 1993; two on June 30, 1994; two on June 30, 1995; and two on June 30, 1996. Successors to these terms shall be appointed for terms of five years. All members shall be residents of this state. No more than

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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 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 independent motor vehicle leasing 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 . 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 22, 1989.

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DANGEROUS DOG CONTROL LAWNOTICES; REGISTRATION; CERTIFICATES; LOCAL ORDINANCES; LIABILITY. Code Title 4, Chapter 8, Article 2 Amended. No. 170 (House Bill No. 630). AN ACT To amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the Dangerous Dog Control Law, so as to change the definition of a dangerous dog and potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs; to provide for certain reports and activities with regard thereto; to provide for certain notices when the owners of dangerous dogs or potentially dangerous dogs move; to provide that new residents shall register dangerous dogs or potentially dangerous dogs within a certain time limitation; to provide that a certificate of registration or a renewal thereof issued by a local government for a dangerous dog or potentially dangerous dog does not warrant or guarantee compliance with the requirements of the article; to provide that certificates of registration shall be renewed annually; to provide for the intention of the General Assembly with regard to local ordinances or resolutions; to provide for the intention of the General Assembly with regard to liabilities arising from injuries inflicted by dangerous dogs and potentially dangerous dogs; 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 4 of the Official Code of Georgia Annotated, known as the Dangerous Dog Control Law, is amended by striking paragraphs (1) and (6) of subsection (a) of Code Section 4-8-21, relating to definitions, in its entirety and substituting in lieu thereof, respectively, new paragraphs (1) and (6) to read as follows: (1) `Dangerous dog' means any dog that, according to the records of an appropriate authority:

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(A) Inflicts a severe injury on a human being without provocation on public or private property at any time after March 31, 1989; 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. (6) `Potentially dangerous dog' means any dog that without provocation bites a human being on public or private property at any time after March 31, 1989. Section 2 . Said article is further amended by striking subsection (a) of Code Section 4-8-23, relating to investigations by dog control officers, which reads as follows: (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., in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Upon receiving a report of a dangerous dog or potentially dangerous dog within a dog control officer's jurisdiction from a law enforcement agency, animal control agency, rabies control officer, or county board of health, the dog control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article. Any local government shall be authorized but not required to provide by ordinance or resolution for additional duties of a dog control officer in identifying dangerous dogs or potentially dangerous dogs and their owners to carry out the provisions of this article. Section 3 . Said article is further amended by striking subsections (e) and (f) of Code Section 4-8-25, relating to requirements for possessing dangerous dogs or potentially dangerous dogs, in their entirety and substituting in lieu thereof new subsections (e), (f), (g), and (h) to read as follows:

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(e) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer if the owner is moving from the dog control officer's jurisdiction. The owner of a dangerous dog or potentially dangerous dog who is a new resident of the State of Georgia shall register the dog as required in this Code section within 30 days after becoming a resident. The owner of a dangerous dog or potentially dangerous dog who moves from one jurisdiction to another within the State of Georgia shall register the dangerous dog or potentially dangerous dog in the new jurisdiction within ten days after becoming a resident. (f) Issuance of a certificate of registration or the renewal of a certificate of registration by a local government does not warrant or guarantee that the requirements specified in subsections (b) and (c) of this Code section are maintained by the owner of a dangerous dog or potentially dangerous dog on a continuous basis following the date of the issuance of the initial certificate of registration or following the date of any annual renewal of such certificate. (g) 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. (h) 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. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, a dog control officer shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous dog or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this article. Section 4 . Said article is further amended by striking Code Section 4-8-29, relating to construction of the article, in its entirety and substituting in lieu thereof a new Code Section 4-8-29 to read as follows:

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4-8-29. (a) 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. (b) It is the intention of this article to establish as state law minimum standards and requirements for the control of dangerous dogs and potentially dangerous dogs and to provide for certain state crimes for violations of such minimum standards and requirements. However, this article shall not supersede or invalidate existing ordinances or resolutions of local governments or prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control of dogs, including a more restrictive definition of a dangerous dog or potentially dangerous dog, than the minimum standards and requirements provided for in this article. Section 5 . Said article is further amended by adding at the end thereof a new Code Section 4-8-30 to read as follows: 4-8-30. It is the intent of the General Assembly that the owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall a local government or any employee or official of a local government which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as being a dangerous dog or potentially dangerous dog or by a dog that has been reported to the proper authorities as being a dangerous dog or potentially dangerous dog or by a dog that a local government has failed to identify as a dangerous dog or potentially dangerous dog or by a dog which has been identified as being a dangerous dog or potentially dangerous dog but has not been kept or restrained in the manner described in subsection (b) of Code Section 4-8-25 or by a dangerous dog or potentially dangerous dog whose owner has not maintained insurance coverage or a surety bond as required in subsection (c) of Code Section 4-8-25. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1989. HIGHWAYS, BRIDGES, AND FERRIESLIMITED-ACCESS ROADS; MUNICIPAL CONSENT. Code Section 32-6-111 Amended. No. 171 (House Bill No. 757). AN ACT To amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limited-access roads if such limited-access roads include space or provisions for a heavy rail or a rapid busway public transportation system; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The department or a county or a municipality in this state, acting alone or in cooperation with each other or with any federal, state, or local agency, is authorized and empowered to plan, designate, establish, regulate, abandon, alter, improve, maintain, and provide limited-access public roads wherever the department or such authorities consider that traffic conditions, present or future, justify such special facilities, provided that the

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term `traffic conditions, present or future, justifying such special facilities' shall be construed to mean a road having present traffic volumes requiring a minimum of four lanes of road or traffic volumes estimated to be accommodated by the road within a period not to exceed 20 years from the date of such consideration that will require a minimum of four lanes of road; provided, further, that within municipalities such authorization for limited-access public roads shall be subject to such municipal consent as may be provided by law, except that such municipal consent is not necessary for any limited-access road if the limited-access road includes space or other provisions for the construction of a heavy rail line as a part of a public transportation system or a rapid busway operating on a designated lane as a part of a public transportation system and such public transportation system is a part of a regional transportation plan developed by the metropolitan planning organization or other such similar body. 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 22, 1989.

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LOCAL GOVERNMENTGEORGIA ALLOCATION SYSTEM; BONDS; REVISION. Code Title 36, Chapter 82, Article 8 Amended. No. 172 (House Bill No. 843). AN ACT To amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the Georgia Allocation System for allocation of the use of private activity bonds as permitted by federal law, so as to extensively revise provisions relating to the allocation system; to add a definition of qualified housing project; to change the provisions relating to the economic development share; to change the provisions relating to the housing share; to change the provisions relating to the department share; to provide for other 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 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the Georgia Allocation System for allocation of the use of private activity bonds as permitted by federal law, is amended by adding to Code Section 36-82-182, relating to definitions, a new paragraph (41.1) to read as follows: (41.1) `Qualified housing project' means the issuance or exchange of tax-exempt bonds under the Federal Code for qualified housing purposes which require an allocation from the state ceiling. Section 2 . Said article is further amended by striking subsections (a) and (b) of Code Section 36-82-187, relating to the economic development share, in their entirety and inserting in lieu thereof new subsections (a) and (b) of said Code section to read as follows: (a) Applications for notices of allocation from the economic development share must be received by the department no

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later than September 30 of 1988 or 1989. Applications for notices of allocation from the economic development share may only be filed for small issue bonds, exempt facility bonds, or the private activity portion of governmental use bonds on the terms set forth in this Code section. Notwithstanding any provisions of this article to the contrary, the department shall not be required to accept any application for a notice of allocation for exempt facility bonds or the private activity portion of governmental use bonds from the economic development share; and no issuer shall have any right to such an allocation. (b) In addition to the items specified in Code Section 36-82-185, each application shall be accompanied by the following, where applicable: (1) If the application is for UDAG bonds: (A) A copy of the application submitted to the United States Department of Housing and Urban Development for an urban development action grant; and (B) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, qualify as UDAG bonds when issued; (2) If the employment test applies with respect to jobs retained, a written certification which satisfies the employment test, as required by Code Section 36-82-189; (3) If the application is for exempt facility bonds, a written opinion of legal counsel addressed to the department to the effect that the bonds covered by the application will, based upon the information available at that time to such legal counsel, qualify as exempt facility bonds when issued; (4) If the application is for the private activity portion of governmental use bonds, a written opinion of legal counsel addressed to the department to the effect that the bonds covered by the application will, based upon the information available at that time to such legal counsel, qualify as the

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private activity portion of governmental use bonds when issued; and (5) If the application is for exempt facility bonds or the private activity portion of governmental use bonds, a written statement of the issuer addressed to the department describing the economic impact of the proposed project on the territorial area of the issuer. Section 3 . Said article is further amended by striking Code Section 36-82-190, relating to the housing share, in its entirety and inserting in lieu thereof a new Code Section 36-82-190 to read as follows: 36-82-190. The housing share for 1988 is established in an amount equal to $22.00 per capita of the state ceiling. The housing share for 1989 is established in an amount equal to $14.00 per capita of the state ceiling. The housing share for 1990 and years thereafter is established in an amount equal to 50 percent of the state ceiling. Section 4 . Said article is further amended by striking subsection (a) of Code Section 36-82-191, relating to the single-family pool, the multifamily pool, and the general pool, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The single-family pool, the multifamily pool, and the general pool are established and reserved from the housing share for projects which qualify for such special pools. The single-family pool, the multifamily pool, and the general pool shall be administered in accordance with the following procedures: (1) In 1988, the single-family pool shall be in an amount equal to $15.00 per capita of the state ceiling and shall be available for notices of allocation given during period 1 and period 2. The single-family pool shall be eliminated on January 1, 1989. Reservations from the single-family pool shall be as follows: (A) Seventy percent shall be reserved for the Georgia Residential Finance Authority;

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(B) Fifteen percent shall be reserved for urban residential finance authorities; and (C) Fifteen percent shall be reserved for the local housing authorities; (2) In 1988, the multifamily pool shall be in an amount equal to $7.00 per capita of the state ceiling. In 1989, the multifamily pool shall be in an amount equal to $14.00 per capita of the state ceiling and be available for notices of allocation only for period 1. The multifamily pool shall be eliminated on April 1, 1989, and any unused amounts and any amounts for which the notice of allocation ceases to be in effect shall be automatically transferred to the housing share for use for any qualified housing project pursuant to the distribution formula specified in subsection (a) of Code Section 36-82-191.1. Reservations from the multifamily pool shall be as follows: (A) In 1988, half of the multifamily pool shall be available for notices of allocation during period 1. The remaining half of the multifamily pool shall be available for notices of allocation during period 2; (B) In 1989, during period 1, notice of allocation may be given for amounts up to 40 percent of the multifamily pool; (C) At any time, notices of allocation may be given for any unused amount; and (D) In 1988 and 1989, respectively, a total of 15 percent per year for the first six months of the multifamily pool will be targeted to rural areas; and (3) In 1988, the general pool shall be available for notices of allocation during period 3 and shall consist of any unused amount remaining in the single-family pool and multifamily pool after the expiration of period 2. The general pool shall be eliminated on January 1, 1989, and be replaced by the housing share on April 1, 1989, which shall be available in periods 2 and 3 for qualified housing projects.

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Section 5 . Said article is further amended by adding a new Code Section 36-82-191.1 to read as follows: 36-82-191.1. (a) Commencing on April 1, 1989, and extending through September 30, 1989, the housing share shall be available as follows: (1) Sixty percent shall be reserved for the Georgia Residential Finance Authority for any qualified housing project. This shall be known as the state housing share set-aside; and (2) Forty percent shall be reserved for urban residential finance authorities and for local housing authorities for any qualified housing project on a first-come, first-served basis. This shall be known as the local/urban housing share set-aside. If applications exceed the amount available, the department shall apply the policy guidelines provided in Code Section 36-82-203. These percentages shall be calculated on the basis of $14.00 per capita of the state ceiling, and any allocations made before April 1, 1989, shall be subtracted from the total sum which would be available to an issuer based upon which set-aside the issuer qualified for and based upon the percentage formula provided in this Code section. On October 1, 1989, the housing share shall expire and any unused amounts remaining in the housing share and any amounts for which the notice of allocation ceases to be in effect shall automatically be added to the flexible pool. (b) For 1990 and each year thereafter commencing on January 1 and extending through September 30, the housing share shall be available as follows: (1) Seventy percent shall be reserved for the Georgia Residential Finance Authority for any qualified housing project. This shall be known as the state housing share set-aside; (2) Twenty percent shall be reserved for urban residential finance authorities for any qualified housing project. This shall be known as the urban housing share set-aside; and

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(3) Ten percent shall be reserved for local housing authorities for any qualified housing projects as specified below. This shall be known as the local housing share set-aside. (A) For period 1, 40 percent of the local housing share set-aside shall be available for notices of allocation on a first-come, first-served basis. If applications exceed the amount available, the department shall apply the policy guidelines provided in Code Section 36-82-203. Unused amounts and amounts for which the notice of allocation ceases to be in effect shall automatically be transferred to period 2. (B) For period 2, 40 percent of the local housing share set-aside plus any unused amounts from period 1 shall be available for notices of allocation on a first-come, first-served basis. If applications exceed the amount available, the department shall apply the policy guidelines provided in Code Section 36-82-203. Unused amounts and amounts for which the notice of allocation ceases to be in effect shall automatically be transferred to period 3. (C) For period 3, all remaining amounts in the local housing share set-aside shall be available for notices of allocation on a first-come, first-served basis. If applications exceed the amount available, the department shall apply the policy guidelines provided in Code Section 36-82-203. On October 1, 1990, and in each year thereafter, the housing share shall expire and any unused amounts remaining in the housing share and any amounts for which the notice of allocation ceases to be in effect shall automatically be added to the flexible pool. (c) Except as may be otherwise provided, the expiration date of a notice of allocation shall be 75 days following the notice of allocation. The department shall be permitted to extend the expiration date for up to an additional 30 days, but no issuer shall have the right to any such extension. This subsection shall not apply to the state housing share set-aside and the urban housing share set-aside.

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(d) The state housing share set-aside and the urban housing share set-aside shall not be governed by the procedures specified in subparagraphs (b)(3)(A) through (b)(3)(C) of this Code section. Section 6 . Said article is further amended by adding a new Code Section 36-82-192.1 to read as follows: 36-82-192.1. (a) Applications for single-family bond projects must be filed no later than September 30 to be eligible to receive an allocation from the housing share. (b) Each application for a single-family project shall be accompanied by the following: (1) The items specified in Code Section 36-82-185; (2) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, qualify as single-family housing bonds when issued; (3) No notice of allocation shall be granted for any single-family bond issue unless the applicant issuer covenants and represents in writing in a letter addressed to the department that it will not exceed the income limits and purchase price limits as such limits apply to the geographic area of the applicant issuer last approved by the Georgia State Financing and Investment Commission for use in any currently proposed single-family bond issue or most recent single-family bond issue of the Georgia Residential Finance Authority; provided, however, that such limits need not apply to target areas located within the city limits of those areas served by urban residential finance authorities; and provided, further, that in nontargeted areas in jurisdictions served by urban residential finance authorities, purchase price limits shall not exceed 80 percent of the safe harbor limits published by the Internal Revenue Service for the year for new and existing housing, as separately stated, and income limits shall not exceed the income limits established by the Internal Revenue Service for a one to two person household for qualified mortgage bonds. This paragraph

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shall not apply to applications to exchange single-family bond authority for the purpose of issuing mortgage credit certificates; and (4) No notice of allocation shall be granted for any single-family bond issue unless the applicant issuer can demonstrate in a letter addressed to the department that as of the date of the application for notice of allocation it has reserved to individual mortgagors or projects at least 80 percent of the proceeds of any previous single-family bond issue and, if applicable, actually purchased or underwritten at least 25 percent of the loans funded from all previous single-family bond issues of the applicant for any single-family bond issue. (c) The department shall give its notice of allocation approving the allocation requested by a qualified application within 15 days after the department receives the completed application, provided that the amount of the applications does not exceed the reservations established in Code Section 36-82-191.1. Such notices of allocation shall be given with respect to qualified applications in the chronological order, by date, in which the completed qualified applications were received by the department. (d) The provisions of subsections (d), (e), and (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation for single-family bond projects from the local housing share set-aside. (e) The expiration date for a notice of allocation for a single-family housing project from the local housing share setaside shall be 75 days following the date of notice of allocation. The department may extend the expiration date by no more than 30 days, but no issuer shall have any right to such an extension. The expiration date for a notice of allocation for a single-family housing project from the state housing share set-aside and the urban housing shae set-aside shall be September 30 of each respective year. (f) If the confirmation of issuance is not filed with the department on or before the expiration date, the notice of

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allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be transferred to and added to the respective set-aside in the housing share if on or before September 30 or the flexible pool if after September 30. (g) Notwithstanding any provision of this article to the contrary, the commissioner may, for good cause shown by an issuer in a written request addressed to the department, waive the provisions of paragraphs (3) and (4) of subsection (b) of this Code section. Section 7 . Said article is further amended by striking subsections (a) and (h) of Code Section 36-82-193, relating to the multifamily pool, in their entirety and inserting in lieu thereof new subsections (a) and (h) to read as follows: (a) In 1988, applications for notices of allocation from the multifamily pool must be filed with and received by the department on the last business day of February with respect to notices of allocation given during period 1 or the last day of May with respect to notices of allocation given during period 2, In 1989, applications for notices of allocation from the multifamily pool must be filed with and received by the department on the last business day of February with respect to notices of allocation given during period 1. The deadline for filing applications in periods 1 through 3 is called the filing date. (h) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the notice of allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be added to: (1) In 1988, the multifamily pool if the notice of allocation ceases to be in effect prior to July 1; (2) In 1988, the general pool if the notice of allocation ceases to be in effect between July 1 and September 30; or (3) In 1989, the housing share. Section 8 . Said article is further amended by adding a new Code Section 36-82-193.1 to read as follows:

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36-82-193.1. (a) Applications for qualified residential rental projects shall be accompanied by the following: (1) The items specified in Code Section 36-82-185; (2) A written opinion of legal counsel addressed to the department to the effect that the bonds which are covered by the application will, based upon the information available at that time to such legal counsel, qualify as exempt facility bonds for the financing of a qualified residential rental project when issued; (3) A written statement of the issuer addressed to the department to the effect that the bonds which are covered by the application will, based upon the information available at that time to such issuer, comply with local zoning laws, statutes, ordinances, and resolutions; and (4) If the project is expected to be issued in combination with a HoDAG, a copy of the application submitted to the United States Department of Housing and Urban Development for a housing development action grant. (b) If the amount of bonds covered by applications received does not exceed the amount of the local housing share set-aside applicable for that period, the department shall give its notice of allocation, approving the allocation requested by each application within 15 days after the filing date. (c) If the amount of bonds covered by applications received on or before the filing date exceeds the amount of the local housing share set-aside applicable for that period, the department shall determine allocations by applying the policy guidelines. The department shall give its notices of allocation with respect to those applications which it selects not later than 30 days after the filing date. The decision of the department shall be final and conclusive. (d) The department shall not be required to give notices of allocation from the local housing share set-aside for any qualified residential rental housing project in an aggregate principal amount of more than 25 percent of the amount available during any given period.

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(e) The provisions of subsections (d), (e), and (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the local housing share set-aside. (f) (1) The expiration date for a notice of allocation for a qualified residential rental project from the local housing share set-aside, other than one expected to be issued in combination with a HoDAG, shall be the first business day which occurs on or after the seventy-fifth day after the date on which the notice of allocation is given. (2) The expiration date for a notice of allocation expected to be issued in combination with a HoDAG shall be the first business day which occurs on or after the one hundred-eightieth day after the date on which the notice of allocation is given. (3) The department may, for good cause shown by the issuer in a written statement submitted to the department prior to such expiration date, extend the expiration date for one, but only one, additional period which shall expire, at the department's discretion, on any date not later than 30 days after the original expiration date. The department shall not, however, have any obligation to provide such an extension; and no issuer shall have any right to such an extension. (4) The expiration date for a notice of allocation for a qualified residential rental project from the state housing share set-aside and the urban housing share set-aside shall be September 30 of each respective year. (g) If confirmation of issuance is not filed with the department on or before the applicable expiration date, the notice of allocation shall cease to be effective and the amount covered by the notice of allocation shall automatically be added to the housing share set-aside, as applicable, if on or before September 30 or the flexible pool if after September 30. Section 9 . Said article is further amended by striking Code Section 36-82-197, relating to the department share, and inserting in lieu thereof a new Code Section 36-82-197 to read as follows:

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36-82-197. The department share for 1988 is established in an amount equal to $7.00 per capita of the state ceiling. The department share for 1989 is established in an amount equal to $6.00 per capita of the state ceiling. On January 1, 1990, the economic development share and the limited purpose share shall be eliminated and the housing share and the department share shall be the only shares from which a qualified application may receive a notice of allocation. The department share for 1990 and years thereafter shall be in an amount equal to 50 percent of the state ceiling. Section 10 . Said article is further amended by striking subsections (b) and (d) of Code Section 36-82-198, relating to the flexible pool and the competitive pool, and inserting in lieu thereof new subsections (b) and (d) to read as follows: (b) The flexible pool shall be available in the following amounts: (1) In 1988, the flexible pool shall be in an amount equal to $6.00 per capita of the state ceiling and shall be available for notices of allocation given during period 1 through period 4; (2) In 1989, the flexible pool shall be in an amount equal to $5.00 per capita of the state ceiling and shall be available for notices of allocation given during period 1 through period 4; and (3) The flexible pool for 1990 and years thereafter shall be available in an amount equal to 50 percent of the department share and shall be available for notices of allocation given during period 1 through period 4. (d) The competitive pool shall be available in the following amounts: (1) In 1988 and 1989, the competitive pool shall be in an amount equal to such amounts as may be transferred to and added to the competitive pool from the economic development share, the housing share, or the farm loan pool on or after October 1 of 1988 and 1989 and shall be available for notices of allocation given during period 4; and

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(2) The competitive pool for 1990 and years thereafter shall be in an amount equal to 50 percent of the department share. In 1990 and years thereafter, the competitive pool shall be divided among periods of the year as follows: (A) During period 1 notices of allocation may be given for amounts up to 40 percent of the competitive pool; (B) During period 2 notices of allocation may be given for amounts up to 40 percent of the competitive pool; (C) During period 3 notices of allocation may be given for amounts up to 20 percent of the competitive pool; and (D) During period 4 notices of allocation may be given for any unused amount. Section 11 . This Act shall become effective upon April 1, 1989. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1989.

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HEALTHINFORMED CONSENT TO MEDICAL TREATMENT; TIME PERIOD. Code Section 31-9-6.1 Amended. No. 239 (House Bill No. 817). AN ACT To amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, is amended by striking paragraph (4) of subsection (e) thereof and inserting in its place a new paragraph to read as follows: (4) A prior consent, within 30 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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BOARD OF ELECTIONS OF COUNTIES OF MORE THAN 500,000ACT REPEALED. No. 249 (House Bill No. 836). AN ACT To repeal an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census and any future such census, approved April 18, 1967 (Ga. L. 1967, p. 3211), as amended; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census and any future such census, approved April 18, 1967 (Ga. L. 1967, p. 3211), as amended, is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, only if an Act creating a board of elections and registration for Fulton County is enacted at the 1989 regular session of the General Assembly of Georgia and becomes law; and otherwise this Act shall be void. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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SOUTHERN JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 328 (Senate Bill No. 142). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to provide for courtroom and chamber space; to provide for other related matters; to provide a conditional 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 of superior courts, is amended by striking paragraph (35) and inserting in its place a new paragraph to read as follows: (35) Southern Circuit..... 4 Section 2 . One additional judge of the superior court is added to the Southern Circuit, thereby increasing to four 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, 1989, and continuing

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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 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 . Every person who offers for nomination and election as one of the judges of said superior courts for the Southern Judicial Circuit of Georgia shall designate with the proper authority the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 5 . The additional judge of the superior courts for the Southern 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 four judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 6 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts for the Southern Judicial Circuit. The provisions heretofore enacted for supplement by the counties of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act. Section 7 . All writs and process in the superior courts for the Southern Judicial Circuit shall be returnable to the terms of said

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superior courts 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 four 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 8 . The four judges of the superior courts for the Southern Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of a majority shall be controlling. If there is no majority the decision of the senior judge in point of service, who shall be known as the chief judge shall be controlling. The judge with the longest period of time of service shall be the chief judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of Code Section 15-11-3 of the O.C.G.A., the chief judge shall appoint the judge of said court as provided by law. If there is no judge among the four who is senior in point of service, the four judges shall elect from this number a senior judge who shall be known as the chief judge. The four judges of the superior courts for the Southern Judicial Circuit shall have, and they are clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term or a part thereof to one or more of said judges and the hearing of all other matters not requiring a trial by a jury to another judge, or judges, and they may alternate such order of business at other terms as they deem proper. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or any one of them may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law, where the judges thereof cannot agree or shall differ, the opinion or order of the majority or of the chief judge as provided in this section shall control.

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Section 9 . The drawing and impaneling of all jurors, whether grand, petit, or special may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately, or before any of them at the same time. Section 10 . The additional judge of the Southern 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 11 . The governing authority of the respective counties comprising the Southern Judicial Circuit are fully authorized and empowered to provide such suitable courtroom, jury rooms, and chambers for the four judges of the Southern Judicial Circuit as may be necessary upon the recommendation of said judges. Section 12 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts for the Southern Judicial Circuit may bear teste in the name of any judge of said Southern 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 courts may preside over any cause therein and perform any official act as judge thereof. Section 13 . This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 14 . All laws and parts of laws in conflict with this Act are repealed. GEORGIA, THOMAS COUNTY

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Personally appeared before the undersigned officer duly qualified to administer oaths, Den Dickerson, who, being duly sworn, deposes and says that he is Publisher of Times-Enterprise, a newspaper of general circulation and the one in which Sheriff's advertisements are published in Thomas County, and that the following notice, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the Gedneral Assembly of Georgia a bill to provide for an additional judge of the superior courts of the Southern Judicial Circuit; to provide for matters relative thereto; and for other purposes. was duly and regularly published in Times-Enterprise, Thomasville, Ga. on January 13, 1989. /s/ Den Dickerson Publisher Sworn to and subscribed before me this 13 day of January, 1989. /s/ Kaye Walker NOTARY PUBLIC GEORGIA, BROOKS COUNTY Personally appeared before the undersigned officer duly qualified to administer oaths, Dee Shamane Hall, who, being duly sworn, deposes and says that he is Publisher of THE QUITMAN FREE PRESS, a newspaper of general circulation and the one in which Sheriff's advertisements are published in Brooks County, and that the following notice, to-wit:

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge of the superior courts of the Southern Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 6th day of January, 1989. (2 ch) was duly and regularly published in THE QUITMAN FREE PRESS on January 12th, 1989. /s/ D Shamane Hall Publisher Sworn to and subscribed before me this 13th day of January, 1989. /s/ Charlotte S. Morris Notary Public, Brooks County, Georgia My Commission Expires Feb. 10, 1991 GEORGIA, COLQUITT COUNTY Personally appeared before the undersigned officer duly qualified to administer oaths, Gary W. Boley, who, being duly sworn, deposes and says that he is Publisher of Weekly Moultrie Observer, a newspaper of general circulation and the one in which Sheriff's advertisements are published in Colquitt County, and that the following notice, to-wit:

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge of the superior courts of the Southern Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 6th day of January, 1989. Tim Hendrick 1/11/89 was duly and regularly published in the Weekly Moultrie Observer on January 11, 1989. /s/ Gary W. Boley Publisher Sworn to and subscribed before me this 13th day of January, 1989. My commission expires Jan. 15, 1991. /s/ Bobbie F. Brigman NOTARY PUBLIC NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION LOWNDES COUNTY Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge of the superior courts of the Southern Judicial

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Circuit; to provide for matters relative thereto; and for other purposes. This 9th day of Jan., 1989. Jan. 13, 1989 I, ROBERT F. MORRELL, Publisher of The Valdosta Daily Times, Valdosta, Georgia, do hereby certify that the advertisement for Local Legislation additional Judge-Superior Court Lowndes Co. was published in The Valdosta Daily Times, Valdosta, Georgia, on Jan 13, 1989. /s/ Robert F. Morrell Publisher Sworn to before me this 13th day of Jan, 1989. /s/ Edith D. Smith, N.P. My Commission expires 5-1-92 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION ECHOLS COUNTY Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge of the superior courts of the Southern Judicial Circuit; to provide for matters relative thereto; and for other purposes. This 9th day of Jan., 1989. Jan. 13, 1989

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I, ROBERT F. MORRELL, Publisher of The Valdosta Daily Times, Valdosta, Georgia, do hereby certify that the advertisement for Local Legislation additional Judge-Superior Court Echols Co. was published in The Valdosta Daily Times, Valdosta, Georgia, on Jan 13, 1989. /s/ Robert F. Morrell Publisher Sworn to before me this 13th day of Jan, 1989. /s/ Edith D. Smith, N.P. My Commission expires 5-1-92 Approved March 30, 1989. ATLANTIC JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 329 (Senate Bill No. 167). AN ACT To add one additional judge of the Superior Court for the Atlantic 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 a conditional effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, is amended by striking paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Atlantic Circuit..... 4 Section 2 . A fourth judge of the Superior Court for the Atlantic Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 1989, 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. Section 3 . Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the four judges of the superior courts of said circuit may preside over any case therein and perform any official act as judge thereof. Section 4 . The compensation, salary, and expense allowance from the State of Georgia and from the counties comprising said circuit shall be the same for said additional judge as that of the other judges of the Superior Courts of the Atlantic Judicial Circuit. Section 5 . The four judges of the Superior Courts of the Atlantic Judicial Circuit shall be authorized to appoint an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law. Section 6 . This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 7 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge for the Atlantic Judicial Circuit; to provide for matters relative thereto; and for other purposes. /1t/ GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy, who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following date: January 12, 1989. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 23rd day of January, 1989. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge for the Atlantic Judicial Circuit; to provide for matters relative thereto; and for other purposes.

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No. 3325 (Jan. 11) STATE OF GEORGIA COUNTY OF Liberty Personally appeared before me, the undersigned Notary Public Randy Morton who after being duly sworn stated under oath that he is the Publisher of Coastal Courier newspaper, a newspaper of general circulation published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Coastal Courier on Jan. 11, 1989. /s/ Randy L. Morton Sworn to and subscribed before me, this 20 day of Jan., 1989 /s/ Kathryn S. Duncan My Commission Expires Oct. 23, 1990. (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge for the Atlantic Judicial Circuit; to provide for matters relative thereto; and for other purposes.

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STATE OF GEORGIA COUNTY OF EVANS AFFIDAVIT OF CO-PUBLISHER Now comes Pamela A. Peace before the undersigned officer, duly authorized to administer oaths, and who, after being duly sworn, deposes and says as follows: a) that she is the Co-Publisher of The Claxton Enterprise, the official organ for Evans County; and b) That the attached notice was published in said organ for one week and on the following date: Jan. 12, 1989. /s/ Pamela A. Peace /s/ Paula G. McNeely Notary Public My Commission Expires April 7, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge for the Atlantic Judicial Circuit; to provide for matters relative thereto; and for other purposes. 1/11 STATE OF GEORGIA COUNTY OF BRYAN

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Personally appeared before me, the undersigned Notary Public MARY S. EXLEY Who after being duly sworn stated under oath that he is the EDITOR AND PUBLISHER of BRYAN COUNTY TIMES newspaper, a newspaper of general circulation published in the city of PEMBROKE Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in BRYAN COUNTY TIMES on Jan. 11, 1989. /s/ Mary S. Exley Sworn to and subscribed before me, this 16th day of January, 1989 /s/ Carole H. Groover Notary Public My Commission Expires Oct. 5, 1990. (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 Session of the General Assembly of Georgia a bill to provide for an additional Judge for the Atlantic Judicial Circuit. To provide for matters relative thereto; and for other purposes. January 12, 1989, No. 949. STATE OF GEORGIA COUNTY OF LONG

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AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Bobby Martin, who, being first duly sworn, deposes and says: that he is Editor of THE LUDOWICI NEWS a newspaper published, issued, and entered as second class mail in the City of Ludowici in said County and State; that he is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in THE LUDOWICI NEWS on the following dates: January 12, 1989 and that the said newspaper in which such notice, paper, document, or legal advertisement was published, was at the time of each and every such publication, a newspaper of General Circulation in Ludowici, Long County, Georgia. This 13th day of January, 1989. /s/ Bobby Martin Sworn to and subscribed before me, this 13th day of January, 1989. /s/ Lynn S. Rice Notary Public My Commission Expires Oct. 4, 1991 (SEAL) AFFIDAVIT OF PUBLICATION THE DARIEN NEWS STATE OF GEORGIA McINTOSH COUNTY Personally appeared before me Buddy Sullivan to me known, who being by me sworn, deposed and said:

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That she is the editor of THE DARIEN NEWS which is the official legal advertising organ in McIntosh County, Georgia; and That she is authorized to make affidavits of publication on behalf of THE DARIEN NEWS; That said newspaper is of general circulation in McIntosh County and in the area adjacent thereto and is the newspaper designed and customarily used by the Sheriff of McIntosh County for the publication of advertisements and by the other official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular edition of THE DARIEN NEWS published on 1/12/89 and finds that the following appeared: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to provide for an additional judge for the Atlantic Judicial Circuit-to provide for matters relative thereto-and for other purposes. (1-12) Buddy Sullivan Sworn to and subscribed before me this 10 day of Jan, 1989. /s/ Emily S. Love Notary Public My Commission Expires Dec. 3, 1989 (SEAL) Approved March 30, 1989.

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EASTERN JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 330 (House Bill No. 306). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the election of the successors of the judge initially appointed; to prescribe the powers, duties, jurisdiction, privileges, and immunities of the judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and Chatham County; to authorize the judges of the court to adopt, promulgate, amend, and enforce rules of practice and procedure in the court and to provide for the allocation of the work and duties in transacting the business of the court; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for the issuance of writs, processes, orders, subpoenas, and other official papers out of the court and the return and trial thereof; to provide for quarters for said additional judge and for additional officers of court or deputies for the administration of the business of the Eastern Judicial Circuit of Georgia; to provide for related matters; to provide a conditional 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 of superior courts, is amended by striking paragraph (17) and inserting in its place a new paragraph to read as follows:

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(17) Eastern Circuit..... 5. Section 2 . One additional judge of the superior courts is added to the Eastern Judicial Circuit, thereby increasing to five the number of judges of said circuit. Section 3 . Said additional judge shall be appointed by the Governor for a term of office beginning January 1, 1990, 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 Court of the Eastern Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges, and immunities of a judge of the court. Section 5 . The compensation, salary, and contingent expense allowance of the additional judge of the Superior Court of the Eastern Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also, he shall be paid by Chatham County the same additional compensation as is paid by Chatham County to each of the other judges of the superior court. Section 6 . Upon and after qualification of the additional judge of the Superior Court of the Eastern Judicial Circuit of Georgia, the five judges of the court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court, and in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement

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among the judges in respect hereof, the decision of the judge senior in point of continuous service shall be controlling. Section 7 . The judge of the court senior in term of continuous service shall be the presiding judge of the court in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments. Section 8 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Eastern Judicial Circuit may bear teste in the name of any judge of the Eastern Judicial Circuit and, when issued by and in the name of any judge of the circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of the court may preside over any cause therein and perform any official act as judge thereof. Section 9 . The governing authority of Chatham County shall provide a suitable courtroom, jury rooms, and chambers for the additional judge, and the commissioners are further empowered to provide such additional assistants or employees in the office of the sheriff of Chatham County and the office of the clerk of the Superior Court of Chatham County as the business of such court may require. Section 10 . Nothing enumerated 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 laws of the State of Georgia. Section 11 . This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 12 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY

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Personnally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 13, 1989, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced during the 1989 session of the Georgia General Assembly a bill creating a fifth judgeship for the Superior Court of the Eastern Judicial Circuit of Georgia. Said legislation shall provide for the compensation, salary and expense of said Judge. This 10th day of January, 1989. Roy L. Allen, II State Representative House District #127 appeared in each of said editions.

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/s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 16 day of Jan, 1989. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 30, 1989. CHATTAHOOCHEE JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 331 (House Bill No. 559). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Chattahoochee Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the subsequent election of such judge; to provide for terms of office; to provide for compensation; to provide for powers and duties; to require candidates for such judgeship to designate the place for which he is running; to provide for rules of procedure; to provide for the division and allocation of work and duties; to provide for a presiding judge of said circuit; to provide for an additional court reporter for said circuit; to provide the procedure connected with the foregoing; to provide a conditional effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, is amended by striking paragraph (8) and inserting in its place a new paragraph to read as follows: (8) Chattahoochee Circuit..... 5 Section 2 . One additional judge of the superior court is added to the Chattahoochee Circuit, thereby increasing to five the number of judges of said circuit. Section 3 . Such additional judge shall be initially appointed by the Governor to take office beginning July 1, 1989, for a term ending on December 31, 1990, and until his successor is elected and qualified. Thereafter, beginning with the general election to be held in November, 1990, the additional judge shall be elected for a term of four years beginning on the first day of January, 1991, and until his successor is elected and qualified, and such election shall be held and conducted in the same manner as is now or as may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 4 . Every person who offers for nomination and election as one of the judges of said superior courts for the Chattahoochee Judicial Circuit of Georgia shall designate with the proper authority the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 5 . The qualifications of such additional judge and his successors shall be the same as are provided by law for all superior court judges. Such additional judge shall have and may exercise all powers, duties, jurisdiction, privileges, and immunities of a judge of the superior courts. Any of the five judges of the superior courts of said circuit may preside over any cause therein and perform any official act as judge thereof. The additional judge shall be compensated in the same manner as other judges of the superior courts are

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compensated, and he shall receive and be entitled to the same allowances as other judges of the superior courts receive. He shall also be entitled to and receive the same additional compensation as may be paid by any county in said circuit to the present judges of such circuit. Section 6 . All writs and processes in the superior courts of the Chattahoochee 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 five 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 . The five judges of said circuit are authorized to adopt, promulgate, amend, and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this state as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit. Section 8 . The five judges of said circuit in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be considered the senior judge. Section 9 . The judge of said circuit who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be presiding judge. Section 10 . The five judges of the Chattahoochee 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.

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Section 11 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Chattahoochee Judicial Circuit may bear teste in the name of any judge of the Chattahoochee 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 12 . This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. ATLANTA JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 332 (House Bill No. 721). AN ACT To provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to

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the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (3) of said Code Section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Atlanta Circuit.....13 Section 2 . A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 13 the number of judges of said circuit. Section 3 . The initial judge appointed by this Act shall be appointed by the Governor for a term beginning July 1, 1989, and expiring December 31, 1990, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1990, for a term of four years beginning on January 1, 1991, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. Section 4 . Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the 13 judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. Section 5 . The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit.

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Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. Section 6 . This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CHEROKEE JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 333 (House Bill No. 922). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the office for which he is running; to

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provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Cherokee Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraph (9) and inserting in its place a new paragraph to read as follows: (9) Cherokee Circuit.....3 Section 2 . One additional judge of the superior courts is added to the Cherokee Judicial Circuit, thereby increasing to three 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, 1989, and continuing through December 31, 1990, and until his successor is elected and qualified; such judge shall take office on the date of his appointment by the Governor. His 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 his 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. Section 4 . Every person who offers for nomination and election as one of the judges of said superior courts of the Cherokee Judicial Circuit for Georgia shall designate with the proper authority in all general elections the specific office for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent

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judge in the office for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 5 . The additional judge of the superior courts of the Cherokee 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 Cherokee Judicial Circuit may preside over any cause, whether in their own or in other circuits and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 6 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Cherokee Judicial Circuit. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Cherokee Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 7 . All writs and processes in the superior courts of the Cherokee Judicial Circuit shall be returnable to the terms of said superior courts 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 three judges equal 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 8 . The three judges of the superior courts of the Cherokee Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement among said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall have the right to appoint referees of the juvenile courts of

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the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Cherokee Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets, fixing the calendars, and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control. Section 9 . The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit, and they, or any one 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 any of said judges separately, or before each of them at the same time. Section 10 . The three judges of the Cherokee 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 11 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Cherokee Judicial Circuit may bear teste in the name of any judge of the Cherokee 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.

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Section 12 . Upon request of any judge of the circuit, the governing authorities of the counties comprising the Cherokee Judicial Circuit are 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 in this Act are declared to be an expense of court and payable out of the county treasury as such. Section 13 . 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 14 . This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 15 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to add a judge of the Superior Court to the Cherokee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the office for which he is running; to provide for the manner of impaneling jurors; to provide for an additional court

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reporter for said circuit; to authorize the governing authority of the counties which comprise the Cherokee Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 1st day of February, 1989. Honorable Hugh Boyd Pettit III Representative, 19th District Honorable J. Beverly Langford Representative, 7th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times and Gordon County News which is the official organ of Gordon County, on the following date: February 15, 1989. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 15th day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL)

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1989 session of the General Assembly of Georgia a bill to add a judge of the Superior Court to the Cherokee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the office for which he is running; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Cherokee Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 1st day of February, 1989. (s) Honorable Hugh Boyd Pettit, III Representative, 19th District (s) Honorable J. Beverly Lanford Representative, 7th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Pettit, who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County, on the following date: February 16, 1989.

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/s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1989. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 30, 1989. SUPREME COURT OF GEORGIA AND COURT OF APPEALSJUSTICES; JUDGES; COMPENSATION. Code Section 45-7-4 Amended. No. 334 (House Bill No. 55). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the compensation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraphs (18) and (19) of subsection (a) and inserting in their place new paragraphs to read as follows:

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(18) Each Justice of the Supreme Court 90,514.00 (19) Each Judge of the Court of Appeals 89,931.00 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 becomes law without such approval. For purposes only of the general appropriations Act for the year beginning July 1, 1989, the cost-of-living adjustment provisions of subsection (b) of Code Section 45-7-4 shall not apply with respect to Justices of the Supreme Court and Judges of the Court of Appeals. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. EMINENT DOMAINGEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973; CONFORMITY WITH FEDERAL LAW; REPLACEMENT HOUSING. Code Title 22, Chapter 4 Amended. No. 335 (House Bill No. 414). AN ACT To amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973, 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973, is amended by striking in its entirety Code Section 22-4-1, relating to the short title, and inserting in lieu thereof a new Code Section 22-4-1 to read as follows: 22-4-1. (a) This chapter shall be known as `The Georgia Relocation Assistance and Land Acquisition Policy Act.' (b) As used in this chapter, the term `Uniform Act' means 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. Section 2 . Said chapter is further amended by striking in its entirety Code Section 22-4-2, relating to legislative findings and declaration of necessity, and inserting in lieu thereof a new Code Section 22-4-2 to read as follows: 22-4-2. The General Assembly finds and declares that the prompt and equitable relocation and reestablishment of persons, businesses, farmers, and nonprofit organizations displaced when the state, any of its agencies or institutions (other than the Department of Transportation), or any county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation, or public instrumentality, excluding electric membership corporations as defined in paragraph (3) of Code Section 46-3-171 (collectively referred to in this chapter as `several public entities') created under the Constitution and laws of the State of Georgia acquires land, with federal financial assistance, for a public use, is necessary to insure that certain individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The General Assembly finds and declares that the establishment of uniform fair land acquisition policies will be beneficial to the public. The General Assembly finds that the Congress of the United States has, by enacting the Uniform Act, made funds available for relocation assistance and the implementation of certain land acquisition policies. The General Assembly further finds that the Congress of the United States has by the

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aforesaid statute provided for the total cessation after July 1, 1972, of federal financial assistance for public works projects which will displace persons or businesses unless the state complies with the requirements of the Uniform Act. The General Assembly finds and declares that the construction of public works projects with federal financial assistance is vital to the state and is in the best interest of the people of the state and that providing for the continuation of federal financial assistance at the highest possible level for public works projects is a legitimate public purpose. The General Assembly further finds that the cost of providing the assistance and services provided for in this chapter should be, and the same are declared to be, part of the necessary cost of federal-aid public works projects. Section 3 . Said chapter is further amended by striking in its entirety Code Section 22-4-4, relating to payments by the State for relocation expenses, and inserting in lieu thereof a new Code Section 22-4-4 to read as follows: 22-4-4. The several public entities are authorized to and shall make or approve the payments required by Section 210 of the Uniform Act for the relocation expenses and replacement housing expenses of any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities. Section 4 . Said chapter is further amended by striking in its entirety Code Section 22-4-5, relating to the providing of relocation assistance advisory services by the State, and inserting in lieu thereof a new Code Section 22-4-5 to read as follows: 22-4-5. The several public entities are authorized to and shall provide the relocation assistance advisory services required by Section 205 of the Uniform Act for any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities. Section 5 . Said chapter is further amended by striking in its entirety Code Section 22-4-6, relating to payments by the state for

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expenses incidental to property transfer, and inserting in lieu thereof a new Code Section 22-4-6 to read as follows: 22-4-6. The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for expenses incidental to the transfer of real property acquired by any of the several public entities, for prepayment of mortgage penalties, and for a pro rata portion of real property taxes on real property acquired by any of the several public entities from any person, family, business, farm operation, or nonprofit organization displaced by federal-aid projects in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the several public entities. Section 6 . Said chapter is further amended by striking in its entirety Code Section 22-4-7, relating to payments by the state for litigation expenses, and inserting in lieu thereof a new Code Section 22-4-7 to read as follows: 22-4-7. The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for litigation expenses actually incurred by any person, family, business, farm operation, or nonprofit organization which is a condemnee in any condemnation proceeding brought by an acquiring public entity to acquire real property for a federal-aid project, the cost of which is now or hereafter financed in whole or in part from federal funds allocated to an acquiring public entity, if the final judgment is that the acquiring public entity cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the acquiring public entity. Section 7 . Said chapter is further amended by striking in its entirety Code Section 22-4-8, relating to payments by the State for litigation expenses, and inserting in lieu thereof a new Code Section 22-4-8 to read as follows: 22-4-8. The several public entities are authorized to and shall make or approve the payments required by Section 305(2) of the Uniform Act for litigation expenses actually incurred by any person, family, business, farm operation, or nonprofit organization which is the plaintiff in any inverse condemnation proceeding

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brought against an acquiring public entity in which judgment is rendered in favor of the plaintiff for real property taken by the acquiring public entity in its execution of any federal-aid project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the acquiring public entity. Section 8 . Said chapter is further amended by striking in its entirety Code Section 22-4-9, relating to policies to guide the State in acquiring property for federal-aid public works projects, and inserting in lieu thereof a new Code Section 22-4-9 to read as follows: 22-4-9. 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 an acquiring public entity, such public entity shall be guided by the land acquisition policies required by Section 301 of the Uniform Act to the greatest extent practicable. Section 9 . Said chapter is further amended by striking in its entirety Code Section 22-4-10, relating to public acquisition of buildings, structures, and other improvements, and inserting in lieu thereof a new Code Section 22-4-10 to read as follows: 22-4-10. In acquiring property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity, the acquiring public entity shall be guided by the land acquisition policies relating to buildings, structures, and other improvements, specified by Section (302) of the Uniform Act to the greatest extent practicable. Section 10 . Said chapter is further amended by adding, immediately following Code Section 22-4-14, a new Code Section 22-4-15 to read as follows: 22-4-15. The several public entities 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 several public entities shall be authorized to make payments, construct or reconstruct

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with their 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 acquiring public entity 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 acquiring public entity 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 acquiring public entity is authorized to dispose of such property or interest therein in accordance with Code Section 50-16-144. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. COMMERCE AND TRADESALES OF BUSINESS OPPORTUNITIES; DEFINITION. Code Section 10-1-410 Amended. No. 336 (House Bill No. 5). AN ACT To amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term business opportunity; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (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 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 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 subparagraph shall not apply to the sale of a sales program or a marketing program made in conjunction with the licensing of a registered trademark or service mark.

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(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: (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; (iv) Any insurance agency; or (v) Any offer or sale of a business opportunity where the seller has a net worth on a consolidated basis of not less than $15 million as determined on the basis of the seller's most recent audited financial statement; and where the seller satisfies all of the following conditions or is a wholly owned subsidiary of a company that satisfies all of the following conditions: (I) Seller is a publicly traded company; (II) Seller has a class of securities registered pursuant to Section 12(b) or 12(g) of the Securities Exchange Act of 1934 and has timely filed all reports required under Sections 13 and 14 of the

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Securities Exchange Act of 1934 for a period of 36 months; (III) Seller has not failed to pay any dividend or defaulted on any loan payment in the last five fiscal years; (IV) Seller has an annual trading volume of stock of 3,000,000 shares or more; and (V) Seller has an aggregate market value of the voting stock held by nonaffiliates of $100 million or more. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. HIGHWAYS, BRIDGES, AND FERRIESDEVELOPMENTAL HIGHWAY SYSTEM. Code Section 32-4-22 Enacted. No. 337 (House Bill No. 16). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, the Georgia Code of Public Transportation, so as to provide for a network of developmental highways throughout the state; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Title 32 of the Official Code of Georgia Annotated, the Georgia Code of Public Transportation, is amended by adding at the end of Article 2 of Chapter 4 a new Code Section 32-4-22 to read as follows: 32-4-22. (a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority): (1) Appalachian; (2) Corridor Z; (3) U.S. 27; (4) U.S. 82; (5) Golden Isles; (6) Savannah River; (7) U.S. 441; (8) Fall Line; (9) U.S. 319; (10) U.S. 19; (11) U.S. 84; (12) U.S. 1/SR 17; (13) SR 72; (14) Outer Perimeter; and (15) Truck access routes. Said system is further identified as being those roads and corridors referred to as `the Governor's Road Improvement Program' in that resolution adopted by the State Transportation Board dated November 17, 1988.

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(b) The location and mileage of the Developmental Highway System shall be as generally described in subsection (a) of this Code section, with the power of the State Transportation Board to make such variances therein as shall be dictated by sound engineering and construction practices. (c) The Development Highway System shall be under the control and supervision of the board, subject to the provisions of this Code section or any other Act of the General Assembly. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CRIMINAL PROCEDUREARRAIGNMENT; NOTICE OF DATE. Code Section 17-7-91 Amended. No. 338 (House Bill No. 19). AN ACT To amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) In all criminal cases the court shall fix a date on which the defendant shall be arraigned. The clerk of the court, at least five days prior to the date set therefor, shall mail to the accused and his attorney of record, if known, notice of the date which has been fixed for arraignment. For such first service of notice, the clerk shall receive the fee prescribed in Code Section 15-6-77. This notice may be served by the sheriff of the county in which the court is situated or his lawful deputies. If the defendant has posted a bond or recognizance, a copy of the notice shall be mailed to each surety on the bond. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CRIMES AND OFFENSESGIVING FALSE BIRTHDATE TO LAW ENFORCEMENT OFFICER. Code Section 16-10-25 Amended. No. 339 (House Bill No. 32). AN ACT To amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, is amended by striking Code Section 16-10-25, relating to giving a false name or address to a law enforcement officer, and inserting in its place a new Code Section 16-10-25 to read as follows: 16-10-25. A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDPAYMENTS TO THE FUND; FORMS. Code Section 47-17-60 Amended. No. 340 (House Bill No. 42). AN ACT To amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasi-criminal cases, so as to provide for the filing of certain forms in connection with payments to the fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasi-criminal cases, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-17-60 to read as follows: 47-17-60. (a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule: (1) Three dollars for any fine or bond forfeiture of more than $4.00, but not more than $25.00; (2) Four dollars for any fine or bond forfeiture of more than $25.00, but not more than $50.00; (3) Five dollars for any fine or bond forfeiture of more than $50.00, but not more than $100.00; (4) Five percent of any fine or bond forfeiture of more than $100.00. For purposes of determining amounts to be paid to the secretary-treasurer, the amount of the fine or bond collected shall be deemed to include costs. The amounts provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under

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its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter. (b) If the collecting authority fails to remit such amounts with an acceptable form properly filled out within 60 days of the date on which such remittal is due, the same shall be delinquent, and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed 25 percent of the principal due. In addition to such penalty, interest shall be charged on delinquent amounts at the rate of 6 percent per annum from the date the funds become delinquent until they are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from that date. By affirmative vote of all members, the board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty otherwise charged under 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 March 30, 1989.

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PEACE OFFICERS' ANNUITY AND BENEFIT FUNDPEACE OFFICER; DEFINITION; WARDENS; GUARDS. Code Section 47-17-1 Amended. No. 341 (House Bill No. 43). AN ACT To amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of peace officer; 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 applicable to the Peace Officers' Annuity and Benefit Fund, is amended by striking subparagraphs (A) and (B) of paragraph (5) which read as follows: (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 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,

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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;, in their entirety and substituting in lieu thereof new subparagraphs (A) and (B) to read as follows: (A) Any peace officer who is employed by this state or any municipality, county, or other political subdivision thereof who is required by the terms of such peace officer's employment, whether by election or appointment, to give such peace officer's full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any municipality, county, or other political subdivision thereof and who is required by the terms of such peace officer's employment to comply with the requirements of the `Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35, 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 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, provided that any such warden or guard as provided in this subparagraph is required by the terms of his employment to comply with the requirements of the `Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35;. Section 2 . This Act shall become effective on July 1, 1989.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. GEORGIA BOAT SAFETY ACTSAILBOARDS; EXEMPTION. Code Section 52-7-3 Amended. No. 342 (House Bill No. 49). AN ACT To amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Boat Safety Act, so as to define the term sailboard; to redefine the term vessel so as to exempt sailboards from such definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Boat Safety Act, is amended by adding between paragraphs (22) and (23) a new paragraph (22.1) to read as follows: (22.1) `Sailboard' means any sailboat whose unsupported mast is connected by a swivel or a flexible universal joint to a hull similar to the hull of a surfboard. Section 2 . Said Code section is further amended by striking paragraph (25) in its entirety and substituting in lieu thereof a new paragraph (25) to read as follows:

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(25) `Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts; provided, however, Code Section 52-7-18, relating to rules of the road for boat traffic, shall be applicable to sailboards. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. GAME AND FISHFIELD AND RETRIEVER TRIALS; HUNTING LICENSES; EXCEPTIONS. Code Section 27-2-21 Amended. No. 343 (House Bill No. 50). AN ACT To amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, so as to change the provisions relating to the requirement that participants have hunting licenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

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(c) All persons participating in a field or retriever trial will be required to have an appropriate resident or nonresident hunting license unless the field or retriever trial is recognized by a nationally registered field trialing organization or unless the field or retriever trial is conducted by a local field trialing organization based in the State of Georgia which is recognized by the department as being qualified to conduct such trial. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. MOTOR VEHICLES AND TRAFFICSERIOUS INJURY BY VEHICLE. Code Section 40-6-394 Amended. No. 344 (House Bill No. 64). AN ACT To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such person does serious bodily injury to another while driving recklessly; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking Code Section 40-6-394 in its entirety and substituting in lieu thereof a new Code Section 40-6-394 to read as follows:

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40-6-394. Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CRIMES AND OFFENSESCONTROLLED SUBSTANCES AND DANGEROUS DRUGS. Code Title 16, Chapter 13 Amended. No. 345 (House Bill No. 69). 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 and provide for exceptions, exemptions, and exclusions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating

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to Schedule I controlled substances, the following new subparagraphs: (FF) 2,5-Dimethoxy-4-Ethylamphetamine; (GG) Cathinone; (HH) MPPP (1-Methyl-4-Phenyl-4- Propionoxypiperidine); (II) PEPAP; (JJ) Alpha-Methylthiofentanyl; (KK) Acetyl-Alpha-Methylfentanyl; (LL) 3-Methylthiofentanyl; (MM) Beta-Hydroxyfentanyl; (NN) Thiofentanyl; (OO) 3,4-Methylenedioxy-N-Ethylamphetamine; (PP) 4-Methylaminorex; (QQ) N-Hydroxy-3,4-Methylenedioxyamphetamine; (RR) Beta-Hydroxy-3-Methylfentanyl; (SS) MDMA (3,4 Methylene Dioxymethamphetamine); (TT) N, N-Dimethylamphetamine; Section 2 . Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-26, relating to Schedule II controlled substances, the following new subparagraphs: (E) Carfentanil; (F) Nabilone;

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(G) Dimethylamphetamine; Section 3 . Said chapter is further amended by adding at the end of paragraph (2) of Code Section 16-13-27, relating to Schedule III controlled substances, a new subparagraph to read as follows: (L) Tiletamine/Zolozepam (Telazol); Section 4 . Said chapter is further amended by adding in the appropriate paragraph positions of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, new paragraphs to read as follows: (2.3) Cathine; (13.2) Fencamfamin; (14.2) Fenproporex; (19.2) Mefenorex; Section 5 . Said chapter is further amended by striking or at the end of subparagraph (E) of paragraph (1) of Code Section 16-13-29, relating to Schedule V controlled substances, striking the period at the end of paragraph (2) of that Code Section 16-13-29 and inserting in its place a semicolon, and adding immediately thereafter new paragraphs to read as follows: (3) Propylhexedrine; or (4) Pyrovalerone; Section 6 . Said chapter is further amended by adding immediately folliwing the listing of Azmadrine in Code Section 16-13-29.1, relating to exclusion of certain nonnarcotic substances, the following: Benzedrex Inhaler (Inhaler) Propylhexedrine Smith Kline Consumer Products

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Section 7 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, relating to dangerous drug definitions, the following: (68) Asparaginase; (160) Cephradine; (465) Idoxuridine; (490) Iothiouracil; (629.1) Nabilone; (641) NiacinamideSee exceptions; (649) Nitrous oxideSee exceptions; (704) Pentylenetetrazol;, and by adding in the appropriate paragraph positions in that subsection (b) the following new paragraphs: (67.3) Asparaginase; (67.6) Astemizole; (145.6) Carteolol; (152.7) Cefotiam; (159.3) Cephradine; (159.6) Ceretec; (270.5) Diclofenac sodium; (359.5) Ethanolamine oleate; (464.3) Idoxuridine; (464.6) Ifosfamide;

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(489.3) Iothiouracil; (489.6) Ioversol; (567.5) Mesna; (619.5) Misoprostol; (631.5) Naftifine; (640.3) NiacinamideSee exceptions; (640.7) Nicardipine HCL; (644.5) Nimodipine; (648.3) Nitrous oxideSee exceptions; (648.6) Nizatidine; (661.5) Octreotide acetate; (668.5) Oxiconazole nitrate; (703.4) Pentylenetetrazol; (703.7) Pergolide; (967.5) Tiopronin; Section 8 . Said chapter is further amended by striking the period at the end of paragraph (30) of subsection (c) of said Code Section 16-13-71, relating to dangerous drug definitions, and inserting in its place ; or and by adding immediately thereafter a new paragraph to read as follows: (31) Loperamide Oral Liquid (1.00 mg/5.00 ml); Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CRIMES AND OFFENSESANABOLIC STEROIDS. Code Section 16-13-71.1 Enacted. Code Section 16-13-79 Amended. No. 346 (House Bill No. 71). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs; to define a certain term; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding between Code Sections 16-13-71 and 16-13-72 a new Code Section 16-13-71.1 to read as follows: 16-13-71.1. For purposes of this article, the term `anabolic steroid' means the naturally occurring androgens or derivative of androstance and testosterone and its esters, including but not limited to methyltestosterone, nandrolone, oxymetholone, oxandrolone, dromostanolone, ethylestrenol, and stanozolol. Section 2 . Said chapter is further amended by striking Code Section 16-13-79, relating to penalties for violations of Article 3,

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in its entirety and inserting in lieu thereof a new Code Section 16-13-79 to read as follows: 16-13-79. (a) Except as provided in subsections (b) and (c) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute any anabolic steroid for use other than in the treatment of disease pursuant to the order of a licensed physician or any use prescribed by a licensed veterinarian for animal use shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00, or both. (c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age any anabolic steroid for any use in humans other than the treatment of disease pursuant to the order of a practitioner shall be punished by imprisonment for not less than one year nor more than six years or by a fine not to exceed $10,000.00, or both. 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, 1989.

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GEORGIA HAZARDOUS WASTE MANAGEMENT ACTFACILITY PERMITS; NOTICES OF APPLICATIONS. Code Section 12-8-66 Amended. No. 347 (House Bill No. 75). 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 a requirement relative to the notification of local governmental jurisdictions and the general public concerning the receipt by the Environmental Protection Division of an application for a hazardous waste facility permit; 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 subsection (h) of Code Section 12-8-66, relating to permits for the construction and operation of hazardous waste facilities, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) Upon the first receipt of an application for a hazardouse waste facility permit, the director, within 15 days, shall provide to the government of the county in which the facility is located or is proposed to be located, and shall provide to each city government within that county, a written notice indicating that an application has been received and describing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such application, the director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing shall be held if such is requested in writing within 30 days after receipt or publication of notification and is requested by 25 or more persons who claim to be affected by the pending permit application, by a governmental subdivision, or by an association

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having not fewer than 25 members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazardous waste facility is proposed to be located. At least 45 days prior to the date of the public hearing, the director shall provide written notice to the various local governmental subdivisions and other interested parties in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the public hearing. The date, time, location, and purpose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least 45 days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste facility. The director shall consider fully all written and oral submissions regarding the proposed facility and the pending application. 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, 1989.

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COURTSCOURT BAILIFFS AND JURORS; COMPENSATION; EXPENSE ALLOWANCE. Code Section 15-12-7 Amended. No. 348 (House Bill No. 96). AN ACT To amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, is amended by striking Code Section 15-12-7, relating to compensation of court bailiffs and expense allowances for jurors, and inserting in its place a new Code Section 15-12-7 to read as follows: 15-12-7. (a) The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix: (1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $60.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located; and (2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $35.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense

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allowance of tales jurors shall be the same as that of a regularly drawn trial juror. The expense allowance so authorized by the grand jury shall be authorized also for grand jurors. (b) Subsequent to January 1, 1991, any increase in the compensation of court bailiffs or increases in expense allowances for jurors fixed by a grand jury shall be subject to the approval of the governing authority of the county. (c) Prior to January 1, 1991, no grand jury shall increase the compensation of court bailiffs nor increase an expense allowance for jurors until such time as the chief executive of the governing authority of the county or his designee shall appear before the grand jury for the purpose of describing the fiscal impact of a proposed increase on such county. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CIVIL PRACTICECIVIL JURY TRIALS; ALTERNATE JURORS. Code Section 9-11-47 Amended. No. 349 (House Bill No. 106). AN ACT To amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, is amended by striking Code Section 9-11-47, relating to jurors, in its entirety and inserting in its place a new Code Section 9-11-47 to read as follows: 9-11-47. (a) The parties may by written stipulation, filed of record, stipulate that the jury shall consist of any number less than that fixed by statute. (b) The court may direct that one or two jurors in addition to the regular panel be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror may be discharged. However, if the court deems it advisable, it may direct that one or more of the alternate jurors be kept in the custody of one or more court officers, separate and apart from the regular jurors, until the jury has agreed upon a verdict. If one or two alternate jurors are called, each party is entitled to one peremptory challenge in addition to those otherwise allowed by law. The additional peremptory challenge may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternates. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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EXECUTIVE PROBATE JUDGES COUNCIL OF GEORGIAMEMBERSHIP; TERMS; MEETINGS. Code Sections 15-9-102 and 15-9-104 Amended. No. 350 (House Bill No. 107). AN ACT To amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia; to provide that with the exception of the initial members, the three members from the state at large shall serve staggered terms for a period of three years; to provide that one member be elected from each judicial administrative district immediately prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia; to provide that beginning in the spring of 1989, the initial term of one state-at-large member shall be designated as a one-year term, one shall be designated as a two-year term, and the other shall be designated as a three-year term; to provide that the president of The Council of Probate Court Judges of Georgia, if not already a district or at-large member of the executive council, shall be an ex officio voting member of the executive council; to provide that the executive council shall meet immediately following the annual spring business meeting of The Council of Probate Court Judges of Georgia and at such other times as necessary or convenient; 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 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, is amended by striking Code Section 15-9-102 in its entirety and inserting in lieu thereof a new Code Section 15-9-102 to read as follows: 15-9-102. (a) The executive council shall be composed as follows: three members from the state at large elected by the

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probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia for three-year staggered terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district immediately prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for three-year terms; provided, further, that, beginning in the spring of 1989, in order to stagger the terms, the initial term of one state-at-large member shall be one year, one shall be two years, and one shall be three years. All members may succeed themselves except for the three state-at-large members. Successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office. The president of The Council of Probate Court Judges of Georgia if not a district or at-large member of the executive council shall be a voting member of the executive council ex officio. (b) In the event a vacancy occurs in the membership of the council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election. Section 2 . Said article is further amended by striking Code Section 15-9-104 in its entirety and inserting in lieu thereof a new Code Section 15-9-104 to read as follows: 15-9-104. The executive council shall meet immediately following the annual spring business meeting of The Council of Probate Court Judges of Georgia and at such other times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred

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in the performance of their duties as members of the council. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. MAGISTRATE COURTSCHIEF MAGISTRATES AND MAGISTRATES; BONDS; OATHS; CERTIFICATES. Code Sections 45-4-13 and 45-4-17 Amended. No. 351 (House Bill No. 108). AN ACT To amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and recorded and filed by him; to provide that the judge of the probate court must sign a certificate to the Governor stating that the chief magistrates and magistrates have taken the oaths and given the bonds sent from the office of the Governor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, is amended by striking Code Section 45-4-13, relating to the approval, filing, and recording of bonds, in its entirety and inserting in its place a new Code Section 45-4-13 to read as follows:

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45-4-13. The official bonds given for county taxes by the clerks of the superior courts, chief magistrates, magistrates, sheriffs, coroners, county surveyors, county treasurers, county tax collectors, and county tax receivers shall be approved by the judge of the probate court, filed in his office, and recorded by him. The bonds of tax collectors and tax receivers for state taxes, after being likewise approved, shall be recorded by the judge of the probate court; and the original bond shall be transmitted by him to the Governor for deposit in the Comptroller General's office. Section 2 . Said chapter is further amended by striking Code Section 45-4-17, relating to the certification of the taking of the oaths and giving of the bonds, in its entirety and inserting in its place a new Code Section 45-4-17 to read as follows: 45-4-17. The judge of the probate court must sign a certificate to the Governor stating that the clerks of the superior courts, chief magistrates, magistrates, sheriffs, coroners, county surveyors, county treasurers, county tax collectors, and county tax receivers have taken the oaths and given the bonds sent from the office of the Governor, together with a statement of the dates, amounts, and names of the sureties of each and that the judges of the probate court have delivered to such officers their commissions. The certificate and statement shall be attested by the clerk of said court, if any, and immediately transmitted to the Governor. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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TEACHERS RETIREMENT SYSTEM OF GEORGIAAVERAGE COMPENSATION; CALCULATION. Code Section 47-3-120 Amended. No. 352 (House Bill No. 119). AN ACT To amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to the determination of average compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) and subsection (a.1) to read as follows: (a) Upon service retirement, a member shall receive an allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (2) An annual pension which, together with the annuity set forth in paragraph (1) of this subsection, shall provide a total allowance equal to 2 percent of the member's average compensation over the two consecutive years of membership service producing the highest such average, multiplied by the number of the member's years of creditable service, not to exceed 40. The computation of average compensation for the purposes of this paragraph shall be subject to the requirements of subsection (d) of this Code section.

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(a.1) The minimum allowance to be received by any member upon retirement shall not be less than $17.00 per month for each year of creditable service, not to exceed 40 years of creditable service. Section 2 . 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 March 30, 1989. PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM1988 AMENDATORY ACT (GA. L. 1988, P. 885) REPEALED. No. 353 (House Bill No. 120). AN ACT To repeal an Act entitled 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., approved April 5, 1988 (Ga. L. 1988, p. 885); to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the law described above did not become effective because it was not funded as required by the Public Retirement Systems Standards Law; and WHEREAS, the state auditor issued a report dated April 28, 1988, to the Secretary of State as required by the Public Retirement

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Systems Standards Law finding that the law described above was not funded. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled 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., approved April 5, 1988 (Ga. L. 1988, p. 885); is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. TEACHERS RETIREMENT SYSTEM OF GEORGIA1988 AMENDATORY ACT (GA. L. 1988, P. 697) REPEALED. No. 354 (House Bill No. 121). AN ACT To repeal an Act entitled 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,

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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., approved March 31, 1988 (Ga. L. 1988, p. 697); to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the law described above did not become effective because it was not funded as required by the Public Retirement Systems Standards Law; and WHEREAS, the state auditor issued a report dated April 28, 1988, to the Secretary of State as required by the Public Retirement Systems Standards Law finding that the law described above was not funded. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled 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., approved March 31, 1988 (Ga. L. 1988, p. 697); is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GAME AND FISHFISH BASKETS; LAKE SINCLAIR; LAKE OCONEE; HUNTING SEASONS FOR TURKEY GOBBLERS. Code Sections 27-3-15 and 27-4-92 Amended. No. 355 (House Bill No. 134). AN ACT To amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to five baskets per person; to provide that one person may not fish with the baskets of other persons unless accompanied by such other persons at the time of such fishing; to lengthen the maximum open season for turkey gobblers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, is amended by adding thereto a new subsection (e), immediately following subsection (d), to read as follows: (e) Notwithstanding any other provision to the contrary, it shall be unlawful for any person to fish with more than five baskets in the waters of Lake Sinclair and Lake Oconee. No person shall fish with the baskets of other persons unless accompanied by such other persons at the time of such fishing. Section 2 . Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, is amended by striking subsection (b) in its entirety and substituting 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

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following numbers, as may be designated by the board as open seasons and bag limits for such species: Game Species Maximum Open Season Maximum Bag Limits Daily Season (1) Quail Nov. 12March 15 12 No limit (2) Grouse Oct. 15Feb. 29 3 No limit (3) Turkey gobblers March 15May 21 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. 12Feb. 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 (13) Alligators April 1Oct. 31 Subject to limits adopted by the board. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GEORGIA UNDERGROUND STORAGE TANK ACTJET TURBINE FUEL TANKS; CORRECTIVE ACTION FOR RELEASES. Code Sections 12-13-3, 12-13-10, and 12-13-11 Amended. No. 356 (House Bill No. 155). AN ACT To amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Underground Storage Tank Act, so as to change the provisions relating to the definition of a petroleum product; to provide for a late participation fee to be paid by the owners or operators of jet turbine fuel underground storage tanks as a condition of participation in the Underground Storage Tank Trust Fund; to change the provisions relating to corrective action for the release of petroleum products into the environment; 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 13 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Underground Storage Tank Act, is amended by striking paragraph (12) of Code Section 12-13-3, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (12) to read as follows: (12) `Petroleum product' means petroleum, including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, and kerosene, including jet turbine fuel. Section 2 . Said chapter is further amended by adding at the end of Code Section 12-13-10, relating to environmental assurance fees, a new subsection (c) to read as follows: (c) If an underground storage tank was in use for the storage of jet turbine fuel prior to the owner's or operator's participation in the Underground Storage Tank Trust Fund, the

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director shall require, as a condition for beginning participation in the fund, the owner or operator to pay into the fund a late participation fee which shall be an amount equal to the environmental assurance fee provided for in subsection (a) of this Code section which would have been paid by the owner or operator, as if the owner or operator had been a participant in the fund, during a period beginning on July 1, 1988, and ending on the beginning date of participation in the fund or beginning on the date the jet turbine fuel underground storage tank was first used, if after July 1, 1988, and ending on the beginning date of participation in the fund. Section 3 . Said chapter is further amended by striking paragraph (7) of subsection (e) of Code Section 12-13-11, relating to corrective action for the release of petroleum products into the environment, in its entirety and substituting in lieu thereof a new paragraph (7) to read as follows: (7) The owner or operator of a petroleum product underground tank has stored a petroleum product, after July 1, 1988, in such tank which has not been subjected to the environmental assurance fee imposed in subsection (a) of Code Section 12-13-10 and the late participation fee provided for in subsection (c) of Code Section 12-13-10. 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 30, 1989.

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METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONSOPERATING EXPENSES. Code Section 50-8-101 Amended. No. 357 (House Bill No. 163). AN ACT To amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population estimates, provision of operating funds for commission by governing bodies, and adoption of annual program and budget with respect to metropolitan area planning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area for the commission's operating expenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population estimates, provision of operating funds for commission by governing bodies, and adoption of annual program and budget with respect to metropolitan area planning and development commissions, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) In addition to the amount required under paragraph (1) of this subsection, every county within the area and the most populous municipality within the area shall each provide the commission with an amount based upon the number of residents of that county or municipality, respectively, and determined as follows: (A) Each county which has no portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in that county by the following per resident

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amounts based upon the appropriate calendar year specified: 1989 40 1990 and all calendar years thereafter 80 (B) Each county which has some portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in the county but outside that most populous municipality by the per resident amount specified for the applicable calendar year under subparagraph (A) of this paragraph and shall also provide an amount determined by multiplying the number of persons residing in the county inside that most populous municipality by the following per resident amounts based upon the appropriate calendar year specified: 1989 16 1990 and all calendar years thereafter 32 (C) The most populous municipality shall provide an amount determined by multiplying the number of persons residing in the municipality by the following per resident amounts based upon the appropriate calendar year specified: 1989 24 1990 and all calendar years thereafter 48 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GEORGIA FOOD ACTMISLEADING ADVERTISEMENTS. Code Section 26-2-29 Amended. No. 358 (House Bill No. 195). AN ACT To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Food Act, so as to change the provisions relating to misleading advertisements; 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 26 of the Official Code of Georgia Annotated, known as the Georgia Food Act, is amended by striking Code Section 26-2-29, relating to misleading advertisements, and inserting in lieu thereof a new Code Section 26-2-29 to read as follows: 26-2-29. (a) An advertisement of a food shall be deemed to be false if it is misleading in any particular. (b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading: (1) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food; (2) Using deceptive representations or designations of geographic origin in connection with food; (3) Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

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(4) Representing that food is of a particular standard, quality, or grade if it is not; or (5) Making false or misleading statements concerning the food of another. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. PROFESSIONS AND BUSINESSESPHYSICIAN'S ASSISTANTS; NURSES; AUTHORITY TO ORDER OR DISPENSE DRUGS, MEDICAL TREATMENTS, OR DIAGNOSTIC STUDIES. Code Sections 26-4-4, 43-26-4, and 43-34-103 Amended. Code Section 43-34-26.1 Enacted. No. 359 (House Bill No. 209). AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relating to ordering, prescribing, compounding, dispensing, and administering drugs by certain persons; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to change the provisions relating to powers of the Georgia Board of Nursing; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions; to authorize physicians and pharmacists to delegate to certain physician's assistants and licensed registered professional nurses the authority to perform certain acts, to provide conditions and limitations regarding such delegation, and to exclude such performance

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from constituting the practice of medicine; to authorize the performance of such delegated acts; to authorize the performance of certain acts in life-threatening situations; to provide for powers of certain state licensing boards; to provide for statutory 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 . Code Section 26-4-4 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding after subsection (b) thereof a new subsection to read as follows: (b.1) Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. Parts 2, 3, 4, and 6 of Article 2 of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section. Section 2 . Title 43 of the Official Code of Georgia Annotated, relating to businesses and professions, is amended by striking and at the end of paragraph (10) of subsection (a) of Code Section 43-26-4, relating to powers of the Georgia Board of Nursing, striking the period at the end of paragraph (11) of that subsection (a) and inserting in its place ; and, and by adding immediately thereafter a new paragraph to read as follows: (12) Promulgate rules and regulations governing nurses performing under a nurse protocol as authorized in Code Section 43-34-26.1. Section 3 . Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths,

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is amended by adding immediately following Code Section 43-34-26 a new Code section to read as follows: 43-34-26.1. (a) As used in this Code section, the term: (1) `Administer' means to give a unit dose of any drug or to perform any medical treatment or diagnostic study. (2) `Controlled substance' means any controlled substance, as defined in Code Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-13-25. (3) `Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient. (3.1.) `Dispensing procedure' means a written document signed by a licensed pharmacist and a licensed physician which document establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section. (4) `Dangerous drug' means any dangerous drug, as defined in Code Section 16-13-71, but does not include any controlled substance or Schedule I controlled substance. (5) `Drug' means any dangerous drug or controlled substance. (5.1) `Job description' means a document signed by a licensed physician and describing the duties which may be performed by a physician's assistant, by which document the physician delegates to that physician's assistant the authority to perform certain medical acts pursuant to subsection (b) of this Code section and which acts shall include, without being limited to, the administering and ordering of any drug. (6) `Nurse' means a person who is a registered professional nurse licensed as such under Chapter 26 of this title. (7) `Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed

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physician, by which document the physician delegates to that nurse the authority to perform certain medical acts pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering and ordering of any drug. (8) `Order' means to select a drug, medical treatment, or diagnostic study through physician delegation in accordance with a nurse protocol or a physician's assistant's job description. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription. (9) `Physician's assistant' means a person certified as a physician's assistant pursuant to Article 4 of this chapter, the `Physician's Assistant Act.' (b) (1) A physician may delegate to: (A) A physician's assistant in accordance with a job description; or (B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol the authority to order controlled substances selected from a formulary of such drugs established by the Composite State Board of Medical Examiners and the authority to order dangerious drugs, medical treatments, and diagnostic studies. (2) A physician may delegate to a nurse or physician's assistant the authority to order dangerious drugs, medical treatments, or diagnostic studies and a nurse or physician's assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies:

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(A) As an agent or employee of: (i) The division of public health of the Department of Human Resources; (ii) Any county board of health; or (iii) Any organization: (I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organization; or (II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Services Act, which organization provides that those medical services and dangerous drugs which are ordered or dispensed by its physician's assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and (B) In conformity with subsection (b.1) of Code Section 26-4-4 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (3) In addition, a physician may delegate to a nurse or physician's assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic:

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(A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged and that nurse or physician's assistant orders or dispenses such drugs in conformity with subsection (b.1) of Code Section 26-4-4 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (4) Delegation of authority to a physician's assistant pursuant to this subsection shall be authorized only if that delegation is contained in the job description approved for that physician's assistant by the Composite State Board of Medical Examiners. (5) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse. (c) The Composite State Board of Medical Examiners shall be empowered to promulgate rules and regulations governing physicians and physician's assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards governing physician's, physician's assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection. (d) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this Code section without such act constituting the practice of medicine.

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(e) Nothing in this Code section shall be construed to limit or repeal Articles 2, 4, and 6 of this chapter, relating to physicians, osteopaths, physician's assistants, and respiratory therapists, or Article 1 of Chapter 26 of this title, relating to registered nurses. (f) Nothing in this Code section shall be construed to limit or repeal any existing authority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom. (g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant. (h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (A) of paragraph (2) of subsection (b) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c) of the United States Public Health Service Act to supervise its agents or employees or interfere with the employer and employee relationship of any such agents or employees. (i) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home. Section 4 . Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the Physician's Assistant Act, is amended by adding at the end of Code Section 43-34-103, relating to applications for assistants, a new subsection to read as follows: (g) Nothing in this article shall be construed to prohibit a physician's assistant from performing those acts the performance of which have been delegated to that physician's assistant pursuant to and in conformity with Code Section 43-34-26.1.

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Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. APPROPRIATIONSDEPARTMENT OF LABOR; SUPPLEMENTAL. No. 360 (House Bill No. 214). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal

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property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $181,835.80. Of said additional amount, the sum of $181,835.80 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act.

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Section 2 . The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as he finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act. Section 3 . 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, 1989.

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FIRE PROTECTION AND SAFETYEMERGENCY POWERS OF FIRE DEPARTMENTS; BOMB THREATS. Code Section 25-3-2 Amended. No. 361 (House Bill No. 217). AN ACT To amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 25-3-2 to read as follows: 25-3-2. In the event of any fire, explosion, bomb threat, or similar emergency, the fire department in any county, municipality, or other political subdivision shall be authorized to: (1) Enter any property, building, structure, vehicle, watercraft, aircraft, railroad car, or other place for the purpose of fighting the fire, explosion, or similar hazardous conditions or searching for a bomb or enter any such place which is, in the opinion of the chief officer of the fire department or his designee, endangered by fire, explosion, bomb threat, or similar hazardous conditions; (2) Cut any wires, electrical or otherwise, or turn off any utility, as deemed necessary to preserve life or property; (3) Prevent the blocking of any public or private street, road or alley, way or driveway, or emergency lane during any such emergency and remove any vehicles or other obstructions necessary;

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(4) Confiscate supplies, chemicals, or equipment necessary for such emergency; (5) Make any necessary tests; and (6) Evacuate any building or area necessary. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. EVIDENCERAPE; EXCEPTIONS TO INADMISSIBILITY OF EVIDENCE. Code Section 24-2-3 Amended. No. 362 (House Bill No. 229). AN ACT To amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:

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24-2-3. (a) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution. (c) The procedure for introducing evidence as described in subsection (b) of this Code section shall be as follows: (1) At the time the defense shall seek to introduce evidence which would be covered by subsection (b) of this Code section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof; (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this Code section or is so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice mandates the admission of such evidence, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and (3) The defense may then introduce evidence pursuant to the order of the court.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. DEPARTMENT OF NATURAL RESOURCESPOWERS; PROJECTS; MARINAS. Code Section 12-3-3 Amended. No. 363 (House Bill No. 263). AN ACT To amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised; 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 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by striking paragraph (3) of subsection (a) in its entirety and inserting in its place a new paragraph (3) to read as follows: (3) `Project' means the acquiring, constructing, equipping, maintaining, operating, managing, and promoting of recreation and accommodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, playgrounds, parks, marinas, swimming and wading pools, lakes, golf courses, tennis courts,

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athletic fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the department may desire to undertake, including the related buildings and the usual and convenient facilities appertaining to any undertakings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the department may deem necessary, convenient, or desirable. Section 2 . Said Code section is further amended by striking paragraph (1) of subsection (b) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) To acquire by purchase, lease, or otherwise and to hold, lease, use, and operate any personal property of every kind and character for its purposes under this Code section. Upon request of the department, the State Properties Commission is authorized, subject to the provisions of Article 3 of Chapter 27 of Title 22, to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Georgia, any and all lands to be used in a project as defined by this Code section. When a project is proposed for construction on any lands owned by any county or by any municipality, the governing authority or body of the county or of the municipality is authorized to convey title to such lands to the department through the State Properties Commission if the property is unserviceable or cannot be advantageously or beneficially used by the county or municipality so conveying; provided, however, payment shall be to the credit of the general funds of the county or municipality and shall be equal to the reasonable value of the lands as may be determined by three appraisers to be agreed upon by the governing authority or body of such county or municipality and the chairman of the State Properties Commission;. Section 3 . Said Code section is further amended by striking subsection (c) thereof which reads as follows: (c) The department shall exercise all of its powers under this Code section and engage in the business of its projects within the territorial boundaries and jurisdiction of Banks, Catoosa,

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Chattooga, Cherokee, Dade, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield counties and such other counties as may from time to time be admitted by resolution of the Board of Natural Resources., in its entirety. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. AVIATIONFLYING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. Code Section 6-2-5.1 Enacted. No. 364 (House Bill No. 265). AN ACT To amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, while using any drug that affects such person's faculties, or while there is 0.04 percent or more of alcohol in his blood; to provide for chemical testing; to provide for penalties; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, is amended by inserting immediately following Code Section 6-2-5 a new Code Section 6-2-5.1 to read as follows: 6-2-5.1. (a) A person shall not operate or be in actual physical control of an aircraft in this state: (1) Within eight hours after the consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any drug that affects such person's faculties in any way contrary to safety; or (4) While there is 0.04 percent or more by weight of alcohol in his blood. (b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392. (c) A person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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PUBLIC WORKS CONTRACTSLETTERS OF CREDIT IN LIEU OF BONDS. Code Sections 13-10-1 and 36-10-4 Amended. No. 365 (House Bill No. 269). AN ACT To amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, is amended by adding at the end a new subsection to read as follows: (d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipality, or any public board or body may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section. Section 2 . Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed

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time, except that an irrevocable letter of credit may be substituted for that bond under the conditions provided in subsection (d) of Code Section 13-10-1. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATIONWORKING TEST EMPLOYEES; MANAGEMENT REVIEW. Code Section 45-20-6 Amended. No. 366 (House Bill No. 291). AN ACT To amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a working test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee; to provide for adoption and amendment of guidelines; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, is amended by striking subsection (e), relating to the service of a working test period, and inserting in its place a new subsection (e) to read as follows:

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(e) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain merit system protection and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. GEORGIA WATER QUALITY CONTROL ACTPUBLICLY OWNED TREATMENT WORKS; SPILLS; NOTICES; MONITORING. Code Section 12-5-30.1 Enacted. No. 367 (House Bill No. 345). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality

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Control Act, so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state; 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 . Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality Control Act, is amended by adding immediately following Code Section 12-5-30 a new Code Section 12-5-30.1 to read as follows: 12-5-30.1 (a) As used in this Code section, the term: (1) `Board' means the Board of Natural Resources. (2) `Consistently exceeding an effluent limitation' means a POTW's exceeding the POTW's assigned effluent limitation for at least five days out of each seven-day period during a total period of 180 consecutive days. (3) `Major spill' means the discharge of pollutants into the waters of this state by a POTW at a rate substantially exceeding the effluent limitation of the POTW, and such term shall be more specifically defined by regulations of the board. (4) `Monitoring' means the systematic measurement of chemical and biological pollutants present in waters of this state which are affected by a major spill or by consistently exceeding an effluent limitation. (5) `Publicly Owned Treatment Works' or `POTW' means the city, town, county, district, association, or other public body created by or pursuant to state law or federal law that owns and operates a treatment works and, where appropriate, shall include the treatment works and any sewers or other appurtenances that convey waste water to the treatment works.

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(b) By not later than January 1, 1990, the board shall provide by rules or regulations for the following: (1) For immediate notification to the division of a major spill by a POTW; (2) For the POTW responsible for the major spill to cause to be published in the legal organ of the county where the spill occurred a notice of such spill, such notice to be published within not more than seven days after the date of the spill; (3) For the division to provide notice of the major spill within 24 hours thereafter to every county, municipality, or other public agency whose public water supply is within a distance of 20 miles downstream and to any others which could potentially be affected by the spill. (4) For independent monitoring of waters affected by a major spill or by consistently exceeding an effluent limitation, with such monitoring being at the expense of the POTW, for a period of at least one year and for the results of such monitoring to be regularly provided to all counties, municipalities, and other public agencies using the affected waters as a source of public water supply. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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TALLAPOOSA JUDICIAL CIRCUITTERMS. Code Section 15-6-3 Amended. No. 368 (House Bill No. 412). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, is amended by striking in its entirety paragraph (38) and inserting in its place a new paragraph (38) to read as follows: (38) Tallapoosa Circuit: (A) Haralson CountyThird Monday in March and October. (B) Paulding CountyThird Monday in February and September. (C) Polk CountyThird Monday in January and August. Section 2 . This Act shall become effective July 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GEORGIA AQUACULTURE DEVELOPMENT ACTENACTMENT; AQUACULTURE DEVELOPMENT COMMISSION. Code Title 2, Chapter 15 Enacted. No. 369 (House Bill No. 420). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission; to provide for the membership, terms, powers, duties, authority, officers, bylaws, meetings, and expenses of the commission; to provide for quorums and vacancies; to provide for an aquaculture development plan and the contents thereof; to provide for staff support; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 15 to read as follows: CHAPTER 15 2-15-1. This chapter may be cited as the `Georgia Aquaculture Development Act.' 2-15-2. As used in this chapter, the term: (1) `Aquaculture' means the extensive or intensive farming of aquatic animals and plants. (2) `Commission' means the Aquaculture Development Commission created by Code Section 2-15-3.

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2-15-3. (a) There is created the Aquaculture Development Commission. The commission shall be composed of 14 members as follows: (1) The president of the Georgia Aquaculture Association or his representative, who shall serve as chairman of the commission; (2) The president of the Georgia Farm Bureau Federation or his representative; (3) The dean of the College of Agriculture of the University of Georgia or his representative; (4) The chairman of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his representative; (5) The chairman of the Committee on Agriculture of the Senate or his representative; (6) The Commissioner of Agriculture or his representative; (7) The commissioner of natural resources or his representative; (8) The commissioner of industry and trade or his representative; and (9) Six members to be appointed by the president of the Georgia Aquaculture Association as follows: (A) Four members shall be representatives of the aquaculture industry with one of such members being from the mountain region of the state, one of such members being from the piedmont region of the state, one of such members being from the coastal plain region of the state, and one of such members being from the coastal region of the state; (B) One member shall be a representative of the commercial fish farming supply and equipment industry; and

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(C) One member shall be a representative of a private industry which is doing research in the promotion of fish farming. Each of such six members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the commission. The terms of the first six such members shall begin on July 1, 1989. (b) The members of the commission shall enter upon their duties without further act or formality. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. (c) Eight members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted 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 on the commission but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (e) The commission shall meet upon the call of its chairman. 2-15-4. (a) The commission shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the commission to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include:

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(1) An evaluation of Georgia's natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints; (4) An identification of the roles of the Department of Agriculture and the Department of Natural Resources in supporting the acquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) Recommendations for implementation of the plan; and (6) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (b) The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter. (c) Staff support for the commission shall be provided by the Department of Agriculture with assistance from the Department of Natural Resources and the Department of Industry and Trade. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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CRIMINAL JUSTICE COORDINATING COUNCILMEMBERSHIP. Code Section 35-6A-3 Amended. No. 370 (House Bill No. 430). AN ACT To amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by striking Code Section 35-6A-3, relating to membership of the council, and inserting in lieu thereof a new Code Section 35-6A-3 to read as follows: 35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 22 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;

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(2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four 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, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all 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. The initial term for the member added in 1989 shall begin July 1, 1989. (d) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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LOCAL GOVERNMENTREWARDS IN FELONY CASES. Code Section 45-12-35 Amended. No. 371 (House Bill No. 432). AN ACT To amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, so as to authorize county and municipal governing authorities under certain circumstances to offer rewards in felony cases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the governing authority of a county or municipality may offer and pay such a reward only in cases in which the Governor has first offered a reward and, in such case, the amount offered by any local governing authority shall not exceed $10,000.00 or twice the amount offered by the Governor, whichever is less. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GEORGIA BOARD OF EXAMINERS OF LICENSED DIETITIANSTERMINATION DATE. Code Section 43-11A-18 Amended. No. 372 (House Bill No. 470). AN ACT To amend Code Section 43-11A-18 of the Official Code of Georgia Annotated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a date; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-11A-18 of the Official Code of Georgia Annotated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 43-11A-18. For purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Examiners of Licensed Dietitians shall be terminated on July 1, 1995, and this chapter and any other laws relating to the board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. 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, 1989.

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CRIMES AND OFFENSESENDANGERING BODILY SAFETY OF ANOTHER WHILE HUNTING; HUNTING LICENSES. Code Sections 16-11-108, 16-11-109, and 16-11-110 Enacted. No. 373 (House Bill No. 494). AN ACT To amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, so as to prohibit while hunting wildlife the use of a firearm or archery tackle in a manner to endanger the bodily safety of another person; to make it unlawful to hunt or possess a hunting license under certain circumstances; to provide for the punishment of such acts; to provide for the seizure and revocation of the hunting licenses of persons so charged; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, is amended by adding at the end thereof new Code Sections 16-11-108, 16-11-109, and 16-11-110 to read as follows: 16-11-108 (a) Any person who while hunting wildlife uses a firearm or archery tackle in a manner to endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm to or endanger the safety of another 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; provided, however, if such conduct results in serious bodily harm to another person, the person engaging in such conduct shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than

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$5,000.00 or by imprisonment for not less than one nor more than ten years, or both. (b) Whenever a person is charged with violating subsection (a) of this Code section, the arresting law enforcement officer shall take the hunting license of the person so charged. The hunting license shall be attached to the court's copy of the citation, warrant, accusation, or indictment and shall be forwarded to the court having jurisdiction of the offense. A copy of the citation, warrant, accusation, or indictment shall be forwarded, within 15 days of its issuance, to the Game and Fish Division of the Department of Natural Resources. (c) In order to obtain a temporary hunting license, a person charged with violating subsection (a) of this Code section must present to the director of the Game and Fish Division of the Department of Natural Resources a certificate of satisfactory completion, after the date of the incident for which the person was charged and regardless of the person's age or date of birth, of a hunter education course prescribed by the Board of Natural Resources. A temporary hunting license issued under such circumstances shall be valid until the next March 31 or until suspended or revoked under any provision of this title or of Title 27. The director of the Game and Fish Division of the Department of Natural Resources may renew the temporary hunting license during the pendency of charges. (d) (1) If the person is convicted of violating subsection (a) of this Code section, the court shall, within 15 days of such conviction, forward the person's hunting license and a copy of the record of the disposition of the case to the Game and Fish Division of the Department of Natural Resources. At this time, the court shall also require the person to surrender any temporary hunting licenses issued pursuant to the provisions of subsection (c) of this Code section. (2) If the person is not convicted of violating subsection (a) of this Code section, the court shall return the hunting license to the person. 16-11-109. (a) It shall be unlawful during the pendency of such charges and any period of license revocation and ineligibility pursuant to Code Section 16-11-110 for any person charged

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with or convicted of a violation of subsection (a) of Code Section 16-11-108 to either: (1) Hunt without a license in violation of Code Section 27-2-1; or (2) Possess a Georgia hunting license other than a temporary hunting license issued by the director of the Game and Fish Division of the Department of Natural Resources pursuant to the provisions of subsection (c) of Code Section 16-11-108. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (c) Upon conviction of a violation of subsection (a) of this Code section, the court shall, within 15 days of such conviction, forward any hunting license found in the possession of the convicted person and a copy of the record of the disposition of the case to the Game and Fish Division of the Department of Natural Resources. 16-11-110. (a) Any hunting license of any person convicted of violating subsection (a) of Code Section 16-11-108 or subsection (a) of Code Section 16-11-109 shall by operation of law be revoked. (b) Any person convicted of violating subsection (a) of Code Section 16-11-108 or subsection (a) of Code Section 16-11-109 shall be ineligible for a hunting license for a period of five years from the date of conviction. (c) If a person's hunting license is revoked by operation of law as provided in subsection (a) of this Code section, the fact that the person's hunting license was not surrendered to the law enforcement officer at the time the person was charged with violating subsection (a) of Code Section 16-11-108 or the fact that the person's hunting license was not retained by the court and forwarded to the Game and Fish Division of the Department of Natural Resources as provided in subsection (d) of Code Section

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16-11-108 or in subsection (c) of Code Section 16-11-109 shall not affect such revocation. 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, 1989. PROFESSIONS AND BUSINESSESPODIATRISTS; CONTINUING EDUCATION; RECIPROCITY; COMPLAINTS. Code Sections 43-35-5, 43-35-6, and 43-35-7 Amended. No. 374 (House Bill No. 503). AN ACT To amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, is amended by striking in its entirety subsection (b) of Code Section 43-35-5, relating to examination fees and recording licenses in superior court, and inserting in its place a new subsection (b) to read as follows:

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(b) All licenses shall be renewable biennially. The board shall be authorized to require the holder of a license to have completed within the immediately preceding two years not less than 50 hours of continuing education as determined by rules and regulations of the board in order for such license holder to be eligible to have the license renewed. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-35-6, relating to reciprocity involving the State Board of Podiatry Examiners, and inserting in its place a new Code Section 43-35-6 to read as follows: 43-35-6. Persons licensed to practice podiatry in other states having statutory requirements equal to or greater than those of this chapter may, in the discretion of the board, be issued a license to practice in this state without examination upon the submission of a completed application. Section 3 . Said chapter is further amended by adding at the end of subsection (g) of Code Section 43-35-7, relating to the denial or sanction of licenses, a new paragraph (5) to read as follows: (5) The board shall notify any person registering a complaint with the board that said complaint was received by the board and the board shall notify the complainant of the disposition of the complaint. 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 30, 1989.

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STATE GOVERNMENTGOPHER TORTOISE; DESIGNATION AS OFFICIAL STATE REPTILE. Code Section 50-3-63 Enacted. No. 375 (House Bill No. 531). 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 gopher tortoise as the official state reptile; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, the gopher tortoise ( gopherus polyphemus ) belongs to a group of land tortoises that originated in North America 60 million years ago, thus making it one of the oldest living species native to Georgia; and WHEREAS, the gopher tortoise population is scattered throughout the southeastern United States, with most being found in southern Georgia and north central Florida; and WHEREAS, the gopher tortoise benefits the ecology by digging burrows up to 40 feet long and 10 feet deep which provide year-round shelter from predators and weather for more than three dozen other animal species, including some threatened species; and WHEREAS, recent studies indicate that the gopher tortoise population is in decline due to mankind's activities, and that by the year 2000 the gopher tortoise may not exist outside of protected areas; and WHEREAS, this ancient and ecologically beneficial reptile is deserving of the attention and appreciation of the citizens of this state by designation as the official state reptile. 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

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amended by adding a new Code Section 50-3-63 at the end thereof to read as follows: 50-3-63. The gopher tortoise is designated as the official Georgia state reptile. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. MOTOR VEHICLES AND TRAFFICFARM TRAILERS AND SEMITRAILERS; IMPLEMENTS OF HUSBANDRY; SLOW-MOVING VEHICLE EMBLEMS; LIGHTS; ESCORT VEHICLES. Code Sections 40-8-4, 40-8-24, and 40-8-33 Amended. No. 376 (House Bill No. 538). AN ACT To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that certain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof; to provide that such requirements shall not be construed to impose a duty on manufacturers of implements of husbandry; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, is amended by striking subsection (a) of Code Section 40-8-4, relating to emblems on slow-moving vehicles or unlicensed three-wheeled motorcycles used only for agricultural purposes, and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any farm trailer or semitrailer which is used for agricultural purposes and which would otherwise be exempt from this article as an implement of husbandry under Code Section 40-8-1, any animal drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section. It shall also be unlawful to operate upon the public roads of this state without such an emblem any three-wheeled motorcycle used only for agricultural purposes unless such three-wheeled motorcycle is licensed as required by Chapter 2 of this title and is in compliance with all other requirements of this chapter. Section 2 . Said article is further amended by adding at the end of Code Section 40-8-24, relating to reflectors, a new subsection (c) to read as follows: (c) When operated, towed, or parked upon a highway, roadway, or street at any time, every trailer and semitrailer which would otherwise be exempt from this article as an implement of husbandry under Code Section 40-8-1 shall carry on the rear, either as a part of the tail lights or separately, two red reflectors and shall carry on the front two red reflectors. The reflectors carried on the rear shall meet the requirements of subsection (b) of this Code section. The reflectors carried on the front of such trailer or semitrailer shall be mounted thereon at a height of not less than 20 inches nor more than 60 inches measured as set forth in subsection (b) of Code Section 40-8-21 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the front of such trailer or semitrailer.

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Section 3 . Said article is further amended by striking Code Section 40-8-33, relating to lights on farm tractors and unlicensed three-wheeled motorcycles used only for agricultural purposes, and inserting in lieu thereof a new Code Section 40-8-33 to read as follows: 40-8-33. (a) Every farm tractor and every three-wheeled motorcycle used only for agricultural purposes equipped with an electric lighting system shall at all times mentioned in Code Section 40-8-20 display a red tail light and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 40-8-23 and 40-8-30, respectively. (b) When operated or towed upon a highway, roadway, or street at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible persons and vehicles on the highway, roadway, or street at a distance of 500 feet to the rear, every trailer and semitrailer which would otherwise be exempt from this article as an implement of husbandry under Code Section 40-8-1 either shall comply with Code Section 40-8-23, relating to tail lights, or shall be equipped with an operating red flashing light which is plainly visible from a distance of 500 feet to the rear and which is either permanently or temporarily fixed to the rear of such trailer or semitrailer or shall be accompanied by an escort vehicle which is equipped with one or more operating red or amber flashing lights that are visible from a distance of 500 feet and which shall follow such trailer or semitrailer. (c) Nothing in this Code section shall be construed to impose a duty on a manufacturer of an implement of husbandry under Code Section 40-8-1 to install an electric lighting system, tail lights, or red flashing lights or otherwise equip implements of husbandry to be in compliance with the provisions of this Code section at the time of manufacture or sale; it being the intent of this Code section to place a duty on operators of the equipment only under specified circumstances and conditions, and not on manufacturers.

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Section 4 . All laws and parts of laws in conflict With this Act are repealed. Approved March 30, 1989. TORTSLIABILITY FOR ACTS OF INTOXICATED PERSONS; CROSS-REFERENCE CORRECTION. No. 377 (House Bill No. 546). AN ACT To amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, approved April 12, 1988 (Ga. L. 1988, p. 1692), so as to correct a typographical error in a cross-reference; 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 which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, approved April 12, 1988 (Ga. L. 1988, p. 1692), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: Section 2. This Act shall apply only to causes of action which arise under Code Section 51-1-40 on or after the effective date of this Act. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. EMPLOYMENT SECURITY LAWELIGIBILITY FOR UNEMPLOYMENT COMPENSATION BENEFITS OF PERSONS PERFORMING SERVICES IN EDUCATIONAL INSTITUTIONS. Code Section 34-8-152 Amended. No. 378 (House Bill No. 569). AN ACT To amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, so as to change certain provisions relating to determination of eligibility for benefits of persons performing services in educational 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 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof a new paragraph (1) 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

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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 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 educational institution in the second of such academic years or terms;. Section 2 . Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Except as otherwise provided in this Code section, with respect to any services described in paragraphs (1) and (2) of this subsection, benefits shall not be paid as specified in paragraphs (1), (2), and (3) of this subsection to any individual for any week of unemployment if such individual performs such services in an educational institution while in the employ of an educational service agency, and for this purpose, the term `educational service agency' shall mean a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions. 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, 1989.

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WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTSCONTINUING EDUCATION. Code Section 43-51-6 Amended. No. 379 (House Bill No. 574). AN ACT To amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal; 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 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows: (d) Any certificate granted under this chapter shall be renewable biennially. Application for renewal of certificates shall be accompanied by a renewal fee in an amount established by the board. The board shall be authorized to require continuing education as a condition of certificate renewal. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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EMPLOYMENT SECURITY LAWWAGES; COMPUTATION DATE; EMPLOYER CONTRIBUTIONS IN SPECIAL CASES; STATE-WIDE RESERVE RATIO; WEEKLY BENEFIT AMOUNT. Code Sections 34-8-51, 34-8-122, and 34-8-153 Amended. No. 380 (House Bill No. 581). 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 the definition of the term wages; to change the definition of the term computation date with respect to the rate of employer contributions in special cases; to change the provisions relating to the reduction of the rate of employer contributions in special cases; to change the provisions relating to the State-wide Reserve Ratio; to change the provisions relating to the determination of the weekly benefit amount; 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 paragraph (1) of subsection (b) of Code Section 34-8-51, relating to the definition of the term wages, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) For the purposes of Code Sections 34-8-120 through 34-8-122, except subsections (d) and (i) of Code Section 34-8-122, and of Code Section 34-8-30, that part of the remuneration which, after remuneration equal to $3,000.00 through December 31, 1971, and $4,200.00 beginning January 1, 1972, through December 31, 1975, and $6,000.00 beginning January 1, 1976, and $7,000.00 beginning January 1, 1983, and $7,500.00 beginning January 1, 1986, and $8,500.00 beginning January 1, 1990, has been paid to an individual by an employer during any calendar year with respect to employment within this or any other state, is paid to such individual by such employer during such calendar

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year; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer; . Section 2 . Said chapter is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 34-8-122, relating to the rate of employer contributions in special cases, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Computation date' means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits througout the 36 consecutive calendar months period ending on the computation date. Section 3 . Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-8-122, relating to the rate of employer contributions in special cases, and inserting in lieu thereof a new subsection (f) to read as follows: (f) No employer's rate shall be reduced below the percentage specified in Code Section 34-8-121 for any calendar year, except as provided in this Code section, unless and until his account could have been chargeable with benefit payments throughout the 36 consecutive calendar months ending on the computation date for that calendar year. Section 4 . Said chapter is further amended by striking in its entirety subsection (i) of Code Section 34-8-122, relating to the rate of employer contributions in special cases, and inserting in lieu thereof a new subsection (i) to read as follows: (i) Effective with the year 1974, a State-wide Reserve Ratio shall be computed as of June 30 of each year. Such State-wide Reserve Ratio shall be computed by dividing the balance in the Reserve Fund, including accrued interest as of June 30 of each year by the total covered wages (as defined in this chapter) paid in the state for the 12 month period ending on December 31 of the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund,

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shall be excluded from the Reserve Fund balance in computing the State-wide Reserve Ratio. Rates calculated as of the June 30, 1981, computation date, which rates shall be effective for the calendar year 1982, and rates calculated as of subsequent computation dates for subsequent calendar years shall not be increased by operation of this subsection to more than that rate effective for calendar year 1978. For the period prior to January 1, 1990, when the State-wide Reserve Ratio, as computed above, is 4.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance and whose rate as computed under the rate table in subsection (h) of this Code section is 2.16 percent or less on his computation date shall have his contribution rate at the time of computation date credited by applying an overall reduction of the rate in accordance with the following table; provided, however, that such overall reduction for any year shall not exceed two steps more than the prior years: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 4.4 percent 4.5 percent 10 percent 4.5 percent 4.6 percent 20 percent 4.6 percent 4.7 percent 30 percent 4.7 percent 4.8 percent 40 percent 4.8 percent 4.9 percent 50 percent 4.9 percent 5.0 percent 60 percent 5.0 percent and over 70 percent When the State-wide Reserve Ratio, as calculated above, is less than 4.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in subsection (h) of this Code section in accordance with the following table; provided, however, that such overall increase for any year shall not exceed two steps more than that for the prior year:

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If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 3.8 percent 4.0 percent 10 percent 3.6 percent 3.8 percent 20 percent 3.4 percent 3.6 percent 30 percent 3.2 percent 3.4 percent 40 percent 3.0 percent 3.2 percent 50 percent 2.8 percent 3.0 percent 60 percent Under 2.8 percent 70 percent For the period on or after January 1, 1990, when the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance and whose rate as computed under the rate table in subsection (h) of this Code section is 2.16 percent or less on his computation date shall have his contribution rate at the time of computation date credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 60 percent When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in subsection (h) of this Code section in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent

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The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions. Section 5 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-8-153, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (b) to read as follows: (b) An individual's weekly benefit amount shall be that whole dollar amount, disregarding any fraction of a dollar, computed by dividing the total insured wages paid such individual in the highest two quarters of his base period by 50, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds 1.5 times the total insured wages paid such individual in that quarter of his base period in which such total wages were highest; provided, however, that for benefit years beginning on or after July 1, 1983, no weekly benefit amount shall be established for less than $27.00 nor more than $125.00; provided, further, that for benefit years beginning on or after July 1, 1985, no weekly benefit amount shall be established for less than $27.00 nor more than $135.00; provided, further, that for benefit years beginning on or after July 1, 1986, no weekly benefit amount shall be established for less than $27.00 nor more than $145.00; provided, further, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00 nor more than $155.00; provided, further, that for benefit years beginning on or after July 1, 1988, no weekly benefit amount shall be established for less than $37.00 nor more than $165.00; provided, further, that for benefit years beginning on or after July 1, 1989, no weekly benefit amount shall be established for less than $37.00 nor more than $175.00; provided, further, that for benefit years beginning on or after July 1, 1990, no weekly benefit amount shall be established for less than $37.00 nor more than $185.00; provided, further, that notwithstanding any other provisions of this subsection, the maximum weekly benefit amount shall be

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$115.00 for all benefit years beginning on or after the first Monday of the third week following the week in which the amount in the Unemployment Trust Fund becomes less than $175 million. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. GRAND JURIESBOARDS, AUTHORITIES, AND ENTITIES SELECTED BY A GRAND JURY; NOTICES; CLERKS OF SUPERIOR COURTS. Code Section 15-12-81 Amended. No. 381 (House Bill No. 599). AN ACT To amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or appointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, is amended by striking subsection (b) of said Code section in its entirety and substituting in its place a new subsection (b) to read as follows:

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(b) It shall be the duty of any board, authority, or entity whose members are elected, selected, or appointed by the grand jury of a county to notify the clerk of superior court in writing, at least 90 days prior to an upcoming election, selection, or appointment by the grand jury, that the grand jury shall elect, select, or appoint a person to the office held by such member at the time of notice; except where a vacancy has been created by death, resignation or removal from office, in which case notice shall be given within 10 days of the creation of the vacancy. It shall be the duty of the clerk of superior court, upon receiving notice of the upcoming appointment, to publish in the official organ of the county a notice that certain officers are to be elected, selected, or appointed by the grand jury of the county. The publication shall be once a week for two weeks during a period not sooner than 60 days prior to the election, selection, or appointment, except, where a vacancy has been created by death, resignation or removal, notice shall be published once a week for two weeks during a period not sooner than 10 days prior to the election, selection, or appointment. The cost of advertisement shall be paid from the funds of the county. It shall be the duty of the governing authority of the county to pay the cost promptly upon receiving a bill for the advertisement. 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, 1989.

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HEALTHCOUNTY BOARDS OF HEALTH; COMPENSATION. Code Section 31-3-7 Amended. No. 382 (House Bill No. 607). AN ACT To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to increase the compensation for members' attendance at meetings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-7, relating to compensation for members' attendance at meetings, and inserting in its place a new Code Section 31-3-7 to read as follows: 31-3-7. Members of county boards of health shall be paid not more than $25.00 per day for their attendance at meetings of the board, provided funds therefor have been established by budget and are available from funds allocated to that purpose. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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PUBLIC OFFICERS AND EMPLOYEESDEFERRED COMPENSATION PLANS; CONFIDENTIALITY OF RECORDS. Code Section 45-18-36 Amended. No. 383 (House Bill No. 611). AN ACT To amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records; 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 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 45-18-36 to read as follows: 45-18-36. (a) The salary reduction or deductions referred to in this article shall be instituted at the request of the participating employees by the payroll departments applicable to the respective employees. (b) Records of participation agreements, payroll deductions, investment options, and other individual account information shall be maintained as confidential by the administrator. The records shall not be disclosed except as necessary to accomplish the purposes of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of a participating employee.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. TEACHERS RETIREMENT SYSTEM OF GEORGIATRANSFER OF MEMBERS OF A LOCAL RETIREMENT FUND; CONTRIBUTIONS; REFUNDS. Code Section 47-3-67 Amended. No. 384 (House Bill No. 622). AN ACT To amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia; to provide for certain refunds to a county school 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 . Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, is amended by striking subsection (d) in its entirety and substituting in lieu thereof new subsections (d) and (d.1) to read as follows: (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

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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. 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. (d.1) 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 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.

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Section 2 . Said Code section is further amended by inserting between subsections (e) and (f) a new subsection (e.1) to read as follows: (e.1) (1) Any excess employee contributions paid to the Teachers Retirement System of Georgia pursuant to the provisions of subsection (d.1) of this Code section shall be paid into the pension accumulation fund and shall not constitute `accumulated contributions' within the meaning of paragraph (1) of Code Section 47-3-1 or for the purposes of Code Section 47-3-128. (2) From the funds paid to the board of trustees pursuant to the provisions of subsection (e) of this Code section, that portion thereof representing employee contributions paid to the local retirement fund by the transferred teacher shall be paid into the annuity savings fund and shall constitute `accumulated contributions' within the meaning of paragraph (1) of Code Section 47-3-1 and for the purposes of Code Section 47-3-128; and the remaining portion shall be paid into the pension accumulation fund and shall have the same status as excess employee contributions described in paragraph (1) of this subsection. (3) The board of trustees shall keep appropriate records to identify the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection. In the event a transferred teacher ceases to be a member of the Teachers Retirement System of Georgia and withdraws accumulated contributions pursuant to the provisions of Code Section 47-3-128, the board of trustees shall refund to the county school system an amount equal to the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection plus regular interest on that amount. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. NUISANCESAGRICULTURAL FACILITIES; FARM LABOR CAMPS OR FACILITIES FOR MIGRANT FARM WORKERS. Code Section 41-1-7 Amended. No. 385 (House Bill No. 692). AN ACT To amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term agricultural facility; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) As used in this Code section, the term: (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

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products, poultry products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (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

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(K) The operation of any roadside market. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. GEORGIA WATER QUALITY CONTROL ACTLOW PHOSPHORUS HOUSEHOLD LAUNDRY DETERGENTS. Code Section 12-5-27.1 Enacted. No. 386 (House Bill No. 719). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality Control Act, so as to authorize local governmental entities to mandate within their respective jurisdictions the retail sale of low phosphorus household laundry detergents under certain circumstances; to provide for ordinances and the contents thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality Control Act, is amended by adding, following Code Section 12-5-27, a new Code Section 12-5-27.1 to read as follows: 12-5-27.1. Whenever a local governmental entity is required by the division to reduce phosphorus in its wastewater being discharged into the waters of the state, that local governmental entity is required to consider within its jurisdiction the retail sale of low phosphorus household laundry detergents as a

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portion of their phosphorus reduction process and when shown to be a cost-effective component of the phosphorus reduction plan the local governmental entity shall mandate the retail sale of low phosphorus household laundry detergent after the division's approval of the local governmental entity plan. Such local governmental entity shall accomplish such a mandate by passing a local ordinance to become effective in six months of the passage of the local ordinance. Such ordinance shall place a limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. MAGISTRATE COURTSCIVIL JURISDICTION. Code Section 15-10-2 Amended. No. 387 (House Bill No. 743). AN ACT To amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction; 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 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, is amended by striking paragraph (5) and inserting in its place a new

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paragraph to describe certain matters within the jurisdiction of magistrate courts and to read as follows: (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $5,000.00, provided that no prejudgment attachment may be granted; . Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. PROPERTYTIME-SHARE PROGRAMS. Code Title 44, Chapter 3, Article 5 Amended. No. 388 (House Bill No. 773). AN ACT To amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to change certain provisions relating to taxation and title; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto; to provide for instruments, statements, and programs; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, is amended by striking paragraph (25) of Code Section 44-3-162,

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relating to definitions, and inserting in its place a new paragraph to read as follows: (25) `Time-share program' means any arrangement for time-share intervals in a time-share project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration, and for purposes of this paragraph a floating time schedule includes, without being limited to, a time-share use of a campsite for a fixed period or for a period determined by availability on a first come, first serve basis and such use shall be a campsite time-share program for purposes of Code Section 44-3-171 and Code Section 44-3-205. Section 2 . Said article is further amended by striking subsection (c) of Code Section 44-3-163, relating to time-share estate titles, recording transfers or encumbrances, and taxation, and inserting in its place a new subsection (c) to read as follows: (c) For purposes of title, each time-share estate constitutes a separate estate or interest in property. Section 3 . Said article is further amended by striking and at the end of paragraph (2) of Code Section 44-3-169, relating to contents of instruments creating time-share uses, by striking the period at the end of paragraph (3) of that Code section and inserting in its place ; and, and by adding immediately thereafter a new paragraph to read as follows: (4) In the case of a time-share program in which campsites are included in the units committed to the program for a period determined by availability on a first come, first serve basis, the instrument creating the use shall specify and the program itself shall provide a minimum period, which period shall be at least 30 days per year, during which the units are available by a prearrangement or under a first reserved, first served priority system, and the minimum period so specified shall be the time the units are committed to the time-share program for purposes of this article, including but not limited to paragraph (2) of this Code section, and for determining the

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amount of time sold to a purchaser for purposes of subparagraphs (B) and (C) of paragraph (2) of subsection (a) of Code Section 44-3-175. Section 4 . Said article is further amended by striking Code Section 44-3-171, relating to sales of time-share intervals in programs organized prior to certain dates, and inserting in its place the following: 44-3-171. (a) In the event that: (1) Time-share intervals in a time-share program have been sold in this state to a resident of this state prior to July 1, 1983; (2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and (3) The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-166 through 44-3-170, but not included in the instruments. (b) In the event that: (1) Time-share intervals in a campsite time-share program have been sold in this state to a resident of this state prior to July 1, 1989; (2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-169 and 44-3-170; and

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(3) The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-169 and 44-3-170 without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-169 and 44-3-170, but not included in the instruments. Section 5 . Said article is further amended by striking Code Section 44-3-205, relating to application of the article to time-share programs created before certain dates, and inserting in its place a new Code section to read as follows: 44-3-205. (a) The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced. (b) The provisions of this article shall apply to any campsite time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1989, and 180 days after July 1, 1989, as to any campsite time-share program heretofore created or commenced. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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LEGAL ADVERTISEMENTSRATES. Code Section 9-13-143 Amended. No. 389 (House Bill No. 839). AN ACT To amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) The rates to be allowed to publishers for publishing legal advertisements shall be as follows: (1) For each 100 words, not more than the sum of $8.00 for each insertion for the first four insertions; (2) For each subsequent insertion, not more than the sum of $7.00 per 100 words. In all cases fractional parts shall be charged for at the same rates. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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QUALITY BASIC EDUCATION ACTSCHOOL BUS DRIVERS; MINIMUM SALARIES. Code Section 20-2-188 Amended. No. 390 (House Bill No. 850). AN ACT To amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the Quality Basic Education Act, so as to change the provisions relating to the minimum salary for school bus drivers; to provide 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 . Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs 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 $500.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. 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.

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Section 2 . This Act shall become effective only upon funds being appropriated by the General Assembly for the purposes of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. STATE STRUCTURAL PEST CONTROL COMMISSIONTERMINATION DATE. Code Section 43-45-26 Amended. No. 391 (House Bill No. 885). AN ACT To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the Structural Pest Control Act, so as to continue the State Structural Pest Control Commission but provide for the later termination of the commission 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 45 of Title 43 of the Official Code of Georgia Annotated, known as the Structural Pest Control Act, is amended by striking Code Section 43-45-26, relating to the termination of the State Structural Pest Control Commission, and inserting in lieu thereof a new Code Section 43-45-26 to read as follows: 43-45-26. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Structural Pest

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Control Commission shall be terminated on July 1, 1995, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. INSURANCESTOLEN MOTOR VEHICLES; BY-HAND DELIVERY OF AFFIDAVITS; FALSE STATEMENTS; PENALTIES. Code Section 33-1-15 Enacted. No. 392 (Senate Bill No. 50). AN ACT To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require insurers to accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to provide for criminal penalties for such delivery in cases involving certain false statements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-1-15, to read as follows:

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33-1-15. (a) In any case where an insured has executed an affidavit affirming that such insured's motor vehicle has been stolen, the insurer shall be required to accept by-hand delivery of such affidavit from such insured. (b) It shall be unlawful for any person who executes the affidavit provided for in subsection (a) of this Code section knowing that it purports to be an acknowledgment of a lawful oath or affirmation to hand deliver such affidavit if such person knowingly and willfully made a false statement in such affidavit. (c) Any person who violates subsection (b) 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 or by a fine of not more than $10,000.00, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. CRIMES AND OFFENSESESCAPE; REVOCATION OF PROBATION. Code Section 16-10-52 Amended. No. 393 (Senate Bill No. 66). AN ACT To amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) and subsection (a.1) to read as follows: (a) A person commits the offense of escape when he: (1) Having been convicted of a felony or misdemeanor or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; (2) Being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement; or (3) Intentionally fails to return as instructed to lawful custody or lawful confinement or to any residential facility operated by the Georgia Department of Corrections after having been released on the condition that he will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he did not intentionally fail to return. (a.1) Revocation of probation for conduct in violation of any provision of subsection (a) of this Code section shall not preclude an independent criminal prosecution under this Code section based on the same conduct. 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, 1989.

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PROBATIONWORK OR COMMUNITY SERVICE IN LIEU OF INCARCERATION. Code Section 42-8-72 Amended. No. 394 (Senate Bill No. 67). AN ACT To amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarceration; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, is amended by adding to the end thereof new subsections (d) and (e) to read as follows: (d) The judge may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration. (e) Community service hours may be added to original court ordered hours as a disciplinary action by the court or as an additional requirement of any program in lieu of incarceration. 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, 1989.

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EVIDENCEWITNESS FEES FOR LAW ENFORCEMENT OFFICERS, CORRECTIONAL OFFICERS, ARSON INVESTIGATORS, AND FIREMEN. Code Section 24-10-27 Amended. No. 395 (Senate Bill No. 103). AN ACT To amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to provide for the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons under certain circumstances; to provide a witness fee shall not be paid if overtime pay is received; to provide a definition of regular duty hours; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, is amended by striking Code Section 24-10-27, relating to witness fees for law enforcement officers, correctional officers, and similar persons, and inserting in its place a new Code Section 24-10-27 to read as follows: 24-10-27. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal

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matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the state fire marshal or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day. (b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours

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other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, or the director of public safety of a college or university shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. (2) Any law enforcement officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the law enforcement duties of such officer, shall be compensated as provided in Code Section 24-10-24. (c) The fee specified by subsections (a) and (b) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena. (d) For the purposes of this Code section, the term `regular duty hours' means the daily shift of duty to which such officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GEORGIA MEAT INSPECTION ACTINSPECTIONS OF FACILITIES AND MEAT; EXEMPTIONS; RABBITS. Code Section 26-2-112 Amended. No. 396 (Senate Bill No. 117). AN ACT To amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Meat Inspection Act, so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to change certain exemptions; to provide for additional powers of the Commissioner of Agriculture and his delegate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Meat Inspection Act, is amended by striking Code Section 26-2-112, relating to exemptions from required inspections and labeling and handling of certain meat and meat food products, and inserting in lieu thereof a new Code Section 26-2-112 to read as follows: 26-2-112. (a) Except as provided in subsection (c) of this Code section, the provisions of this part requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products at establishments conducting such operations shall not apply to: (1) The slaughtering by any person of animals of his own raising and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees;

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(2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, rabbits, or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by him and members of his household and his nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, rabbits, or goats of his own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him and members of his household and his nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked `Not for Sale' immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or (3) The slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2,500 rabbits per year.

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(b) The provisions of this article requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat, and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments. (c) The slaughter of animals and preparation of articles referred to in paragraph (2) of subsection (a) and in subsection (b) of this Code section shall be conducted in accordance with such sanitary conditions as the Commissioner may by regulations prescribe. Notwithstanding subsection (a) of this Code section, the Commissioner or his delegate is authorized to enter upon the premises of any establishment which is exempt from regular inspections under the provisions of subsection (a) of this Code section and inspect such establishment and any facilities, carcasses, parts thereof, meat, meat food products, containers, and packaging to determine whether such establishment qualifies for exemption from regular inspections and is otherwise in compliance with the laws of this state and the rules and regulations of the Commissioner adopted pursuant thereto. (d) The adulteration and misbranding provisions of this part, other than the requirement of the inspection legend, shall apply to articles which are not required to be inspected under this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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MAGISTRATE COURTSEXTRADITION; JURISDICTION OVER WAIVERS. Code Section 15-10-2 Amended. No. 397 (Senate Bill No. 139). AN ACT To amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the acceptance of written waivers of extradition; 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 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, is amended by striking the word and at the end of paragraph (11), by replacing the period at the end of paragraph (12) with the symbol and word ; or, and by adding thereafter a new paragraph (13) to read as follows: (13) The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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GEORGIA FIREMEN'S PENSION FUNDMEMBERSHIP; CREDITABLE SERVICE; LEAVES OF ABSENCE; WITHDRAWALS; DISABILITY BENEFITS. Code Sections 47-7-40, 47-7-41, and 47-7-102 Amended. Code Section 47-7-83 Enacted. No. 398 (Senate Bill No. 152). AN ACT To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund; to change the provisions relating to disability benefits; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by adding at the end of Code Section 47-7-40, relating to membership in the fund, a new subsection (g) to read as follows: (g) After April 1, 1989, no person who is a member of the Peace Officers' Annuity and Benefit Fund shall be eligible for membership in the fund by virtue of any employment in or appointment to a position, the duties of which position qualify such person for membership in the Peace Officers' Annuity and Benefit Fund. Section 2 . Said chapter is further amended by striking Code Section 47-7-41, relating to leaves of absence and withdrawals from membership in the fund, in its entirety and substituting in lieu thereof a new Code Section 47-7-41 to read as follows:

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47-7-41. (a) (1) Any member of the fund who is in good standing with the fund, who leaves his work as a fireman or volunteer fireman, and who elects to leave in the fund during his leave from work as a fireman or voluntary fireman the dues which he has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years. Upon application prior to the expiration of any leave of absence or extended leave of absence, such a member shall be entitled to an extension of his leave of absence for a period of not greater than two years. If a member who leaves his work as a fireman or voluntary fireman fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section 47-7-105. (2) A member of the fund who obtains a leave of absence under paragraph (1) of this subsection shall upon application to the board be entitled to reinstatement to active status in the fund, provided that upon such application the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership. (b) (1) Any member who, while still a fireman or a volunteer fireman and otherwise in good standing with the fund, elects to withdraw the dues which he has paid into the fund shall be allowed six months in which to make application to the board for reinstatement of membership. Upon making such application, the applicant must pay to the fund all the dues so withdrawn, with interest on such amount at the rate of 6 percent per annum from the date of such withdrawal. Such applicant must also pay the dues which he would have been required to pay had he remained a member of the fund from the date of the withdrawal to the date of his reinstatement, with interest on such amount at the rate of 6 percent per annum. Upon reinstatement, such member shall be entitled to credit for service rendered while he was an active member of the fund but not for service from the date of his withdrawal to the date of reinstatement. Any such applicant who fails to meet such requirements of reinstatement shall not be entitled to membership in the fund.

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(2) Any member who, upon leaving work as a fireman or volunteer fireman, withdraws the dues which he has paid into the fund and again becomes a fireman or volunteer fireman at a later date shall be eligible upon application to the board for reinstatement of membership. Upon reinstatement, such member shall be entitled to receive credit for previous years of service rendered while an active member of the fund if he pays to the secretary-treasurer all the dues withdrawn, with interest on such amount at the rate of 6 percent per annum. If he fails to pay such amount with interest, he shall not be entitled to credit for service rendered prior to withdrawal of dues from the fund. (3) Any member who withdraws his contributions from the fund and who serves, with or without an interruption in service, as a fireman or volunteer fireman for a period of more than six months after such withdrawal prior to application for reinstatement shall not be eligible for membership in the fund. (4) In no event shall a member be allowed more than two withdrawals and two reinstatements under this subsection. (5) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership. (c) Any member of the fund who, after April 1, 1989, becomes a member of the Peace Officers' Annuity and Benefit Fund by virtue of any employment in or appointment to a position, the duties of which qualify such person to membership in the fund, shall be placed on leave of absence from the fund for such period as such member is also a member of the Peace Officers' Annuity and Benefit Fund. Section 3 . Said chapter is further amended by adding a new Code Section 47-7-83 to read as follows:

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47-7-83. No credit shall be given for service rendered after April 1, 1989, by a member who is also a member of the Peace Officers' Annuity and Benefit Fund if such service is creditable under the Peace Officers' Annuity and Benefit Fund to which such member belongs. Section 4 . Said chapter is further amended by striking subsection (a) through (h) of Code Section 47-7-102, relating to disability benefits, in their entirety and substituting in lieu thereof new subsections (a) through (h) of Code Section 47-7-102 to read as follows: (a) Any fireman or volunteer fireman who, while a dues-paying member of this fund, is rendered totally and permanently physically disabled by injuries suffered while performing the duties of the position to which he was regularly assigned, so as to be unable physically to perform substantially all of the duties of that position to which he was regularly assigned when the disability originated and who, as a result of such physical disability, is separated from his work as a fireman or his appointment as a volunteer fireman shall be entitled to the maximum monthly disability benefit in effect on the date of the filing of his application for such benefit until his disability ceases or until the happening of one or more of the events set forth in subsection (f) of this Code section, provided that such fireman or volunteer fireman: (1) Gives notice to the board within 12 months of the date on which such injuries are suffered on such form as the board may prescribe that he has suffered physical injuries on which a disability application may be filed; and (2) Makes application to the board for such benefit within 12 months of the date on which he is separated from his employment as a fireman or his appointment as a volunteer fireman as a result of such total and permanent disability. Such benefit shall be payable from the beginning of the seventh calendar month after the date of such separation or the date of application, whichever is later.

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(b) Any fireman who, while a dues-paying member of this fund, is rendered, by heart disease or respiratory disease, totally and permanently disabled so as to be unable to perform substantially all of the duties of the position to which he was regularly assigned and who, as a result of such disability, is separated from his work as a fireman shall be entitled to the maximum monthly disability benefit in effect on the date of the filing of his application for such benefit until his disability ceases or until the happening of one or more of the events set forth in subsection (f) of this Code section, provided that: (1) Such fireman makes application to the board for such benefit within 12 months of the date on which he is separated from his employment as a fireman as a result of such total and permanent disability; and (2) Such fireman shall have been a member in good standing of the fund for five consecutive years immediately prior to his application for disability. Such benefit shall be payable from the beginning of the seventh calendar month after the date of disability or the date of application, whichever is later. (c) Any volunteer fireman shall be eligible for the disability benefit afforded firemen under subsection (b) of this Code section upon separation from his appointment as a volunteer fireman on account of such disability, in the same manner and upon the same conditions such benefits would be available to a fireman, provided that, in addition, such volunteer fireman: (1) Has lawfully become a member of the fund and has been a member in good standing for ten consecutive years immediately prior to his application for a disability benefit; and (2) Has at least 15 years of creditable service as a fireman or volunteer fireman. (d) No benefit shall be payable under this Code section for any disability which results from or is attributable to:

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(1) Chronic and excessive consumption of alcoholic beverages; (2) Addiction to drugs, the use of which drugs is prohibited in this state by law; (3) Engagement by the member in any criminal act; (4) Mental, emotional, or psychological illness or condition; (5) Injury sustained by the member while serving on active duty in the armed forces or while on active duty in the National Guard or other armed forces reserve unit; or (6) An illness, disease, or physical injury or abnormality existing or suffered prior to current membership in the fund or the aggravation of such preexisting illness, disease, or physical injury or abnormality. (e) Once each year during the first five years following the commencement of a disability benefit under this Code section and once in every three-year period thereafter, the board may require a disability beneficiary to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the board. Such disability benefit recipient himself may request such an examination. The designated physician or physicians shall report to the board, following each examination, the current status and condition of the benefit recipient's disability. (f) A disabled member's disability benefit shall cease: (1) If he returns to service with a fire department in this state or any municipality or other political subdivision thereof; (2) If he refuses to submit to any medical examination required under this Code section; and the benefit shall remain discontinued until the member's withdrawal of such refusal and submission to the requested medical examination, provided that if his refusal continues for one year, all

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his rights in and to any disability benefit may be revoked by the board; (3) (3) (A) If, within the first 24 months after the commencement of disability benefits under this Code section, the member does in fact obtain gainful employment in any occupation compensating him, in the case of a fireman, at 75 percent or more of the compensation for the position he occupied payable at the time of the member's separation from employment because of such disability but increased at the simple rate of 3 percent per annum during the period of such disability or, in the case of a volunteer fireman, at the rate of $10,000.00 per annum, increased by the simple rate of 3 percent per annum from January 1, 1991. (B)If, following 24 months after the commencement of disability benefits under this Code section, the board determines that the member either: (i) Earns in fact in any occupation or, based upon any medical examination, is able to earn in any occupation, in the case of a fireman, at least one-half of the annual compensation the member was receiving as a fireman immediately prior to separation from employment or position on account of such disability, increased by the simple rate of 3 percent per annum of the date of separation or, in the case of a volunteer fireman, the sum of $7,500.00 per annum, increased by the simple rate of 3 percent per annum commencing January 1, 1991; or (ii) In fact, performs in any occupation or, based upon any medical examination, is able to perform in any occupation substantially all of the duties of any occupation on at least a one-half time basis; (4) If the board determines, on the basis of any medical examination, that the member has sufficiently recovered from his disability so as again to be able to perform substantially the duties of the position to which he was last regularly

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assigned prior to the time of separation on account of disability so as to be able to engage in any occupation or gainful employment for which he is reasonably suited by virtue of his background, training, education, and experience; or (5) When he dies. (g) The board shall prescribe and furnish a form and procedure for the application for a disability benefit. Upon receipt of an application the board may pass upon and decide whether to grant or deny the application on the basis of the submitted information. The board may also request that additional physicians' reports be submitted by the applicant or may request that the applicant for a disability benefit appear personally before the board. Receipt by the applicant of a disability benefit or payments under the federal Social Security Act or any local pension Acts may be considered by the board as evidence of eligibility for a disability benefit under this Code section. (h) Notwithstanding the provisions of subsection (b) of Code Section 47-7-124, no action shall be brought or pending action maintained contesting any determination of the board with respect to any matter under this Code section or any predecessor statute unless such action is or had been initiated within one year after the determination of the board. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; SUPERIOR COURT JUDGES AND DISTRICT ATTORNEYS; SUPERIOR COURT JUDGES RETIREMENT SYSTEM; MEMBERS REELECTED IN 1988; CONTINUED CONTRIBUTIONS; QUALIFIED DOMESTIC RELATIONS ORDERS. Code Sections 47-2-260, 47-9-70, and 47-9-91 Amended. No. 399 (Senate Bill No. 160). AN ACT To amend Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the right of members of the Employees' Retirement System of Georgia to remain members of that retirement system if they become superior court judges or district attorneys, so as to reenact and clarify certain provisions of said Code section; to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Act Creating the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to change the provisions relating to spouses benefit coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement benefits and spouses benefits; to change the provisions relating to exemption of rights and benefits from levy and sale, garnishment, or other process; 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 47-2-260 of the Official Code of Georgia Annotated, relating to the right of members of the Employees' Retirement System of Georgia to remain members of that retirement system if they become superior court judges or district attorneys, is amended by striking subsections (a) and (b) in their entirety

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and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) The provisions of this or any other law to the contrary notwithstanding, on and after April 1, 1969, any person appointed or elected as a judge of the superior court or as a district attorney who at the time of such appointment or election is a member of the Employees' Retirement System of Georgia shall be entitled to elect to continue as a member of the retirement system while holding office as a judge of the superior court or district attorney. All rights, credits, and funds in the retirement system which are possessed by any such member at the time of the member's appointment or election shall be continued in force and the member shall be entitled to all rights and benefits under the retirement system to which the member was entitled at the time of the member's appointment or election and to all rights subsequently acquired. (b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retirement system shall notify the director of the Employees' Retirement System of Georgia and the director of the Fiscal Division of the Department of Administrative Services of that decision. Upon making such election and giving the required notice, a member who is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Superior Court Judges Retirement System provided for in Chapter 9 of this title or to the District Attorneys' Retirement System provided for in Chapter 13 of this title. Section 2 . Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Act Creating the Superior Court Judges Retirement System, is amended by adding at the end of Code Section 47-9-70, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, a new subsection (e) to read as follows: (e) Any member of the retirement system who was reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions to the retirement system as long as the member continues to hold office as a superior court judge.

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Section 3 . Said chapter is further amended by adding at the end of Code Section 47-9-73, relating to spouses benefits coverage, a new subsection (m) to read as follows: (m) Notwithstanding any other provisions of this chapter to the contrary, the member and his spouse may contract upon cessation of marriage that the member's benefits or the current spouses benefits coverage be assigned between the parties or any third party as provided for in a qualified domestic relations order. For purposes of this subsection, a `qualified domestic relations order' means a domestic relations order which creates or recognizes the existence of an alternative payee's right to or assigns to an alternative payee the right to receive all or a portion of the benefits payable with respect to a member and his spouse under the retirement system. The alternative payee may be a spouse, former spouse, child, or dependent. The order must be a judgment, decree, or order which relates to the provision of child support, alimony payments, or marital property rights to a spouse, former spouse, child, or other dependent of the participant and made pursuant to a state domestic relations law. A domestic relations order must specify the manner for determining the amount or percentage of the member's benefits to be paid to each alternate payee and the number of payments or the period in which the payments are to be made. The order cannot require increased or different benefits nor provide for payment of benefits prior to the time for benefits to be paid under the terms of this chapter. Section 4 . Said chapter is further amended by striking in its entirety Code Section 47-9-91, relating to exemption of rights and benefits from levy and sale, garnishment, or other process, and inserting in lieu thereof a new Code Section 47-9-91 to read as follows: 47-9-91. (a) Except as otherwise provided in subsection (b) of this Code section, the right to a retirement benefit, the return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund created by this chapter are exempt from any state, county, or municipal tax; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided in this chapter.

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(b) Retirement benefits or other benefits provided for under this chapter shall be subject to qualified domestic relations orders as provided in subsection (m) of Code Section 47-9-73. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. DRIVING WHILE LICENSE SUSPENDED OR REVOKED; RECKLESS DRIVING; PENALTIES. Code Sections 40-5-121 and 40-6-390 Amended. No. 400 (Senate Bill No. 200). AN ACT To amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be imposed for violations of said Code sections; 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 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended or revoked shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months or by a fine not to exceed $1,000.00, or both. Section 2 . Code Section 40-6-390, relating to the serious offense of reckless driving, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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REGISTERED FORESTERSEXAMINATIONS; EDUCATION. Code Sections 12-6-49 and 12-6-56 Amended. No. 401 (Senate Bill No. 272). 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 revise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking Code Section 12-6-49, relating to qualifications and requirements for registered foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-49 to read as follows: 12-6-49. (a) The minimum qualifications and requirements for registration as a registered forester shall be as follows: (1) Graduation from a school, college, or department of forestry approved by the board, passage of a board approved examination after graduation, and a specific record of an additional two years' or more experience in forestry work of a character satisfactory to the board indicating that the applicant is competent to practice forestry. Such two years' experience need not be obtained on lands owned, leased, rented, or held by the applicant or by any person, corporation, agency, entity, or institution by which such applicant is employed, so long as the applicant works under supervision of a registered forester or under other supervision acceptable to the board; or

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(2) Graduation from a school of forestry not approved by the board or completion of a curriculum approved by the board in which the applicant has acquired a minimum of 40 quarter hours' credit, or its equivalent, in forestry subjects, provided that such applicant may be licensed only after acquiring two years' experience of a character satisfactory to the board and under the supervision of a registered forester or under other supervision acceptable to the board, and only after passing a board approved examination. (b) 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 moral character and reputation. (c) It shall be the duty of the board by rule or regulation to define `supervision' and `experience' as used in this part, and in so doing the board shall consider and give effect to the directness, immediacy, scope, extent, quality, and constancy of such supervision, and, as to experience, the nature, quality, and extent thereof. Section 2 . Said part is further amended by striking Code Section 12-6-56, relating to expiration and renewal of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-6-56 to read as follows: 12-6-56. (a) Licenses shall be valid for up to two years and shall be renewable biennially on the renewal date established by the joint-secretary of the state examining boards. (b) The board shall require persons who are licensed under this part to complete not less than six hours and not more than 20 hours of continuing forestry education as a condition of license renewal. The board shall be authorized to approve continuing forestry education courses offered by professional organizations, institutions of higher learning, qualified individuals, or specialty societies. In addition, the board shall be authorized to approve credit for meetings, presentations, or other activities considered by the board to be a form of continuing education. (c) The board shall be authorized to waive the continuing forestry education requirement in cases of hardship or illness.

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(d) The board shall be authorized to promulgate rules and regulations to ensure compliance with the requirements of this Code section. Section 3 . This Act shall become effective January 1, 1990, and the continuing education requirements imposed by this Act shall apply for those persons who are applying for renewal of licenses which expire on or after December 31, 1991. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. MOTOR VEHICLES AND TRAFFICTRAFFIC MISDEMEANOR TRIALS IN PROBATE COURTS; DISTRICT ATTORNEY OR STATE COURT SOLICITOR; DUTIES. Code Section 40-13-21 Amended. No. 402 (Senate Bill No. 273). AN ACT To amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to the prosecution of traffic offenses, so as to provide that in any traffic misdemeanor trial a judge of the probate court may request the assistance of the district attorney of the circuit or solicitor of the state court of the county to conduct the trial on behalf of the state; to authorize the district attorney and solicitor to designate a member of their respective staffs to conduct such a trial on behalf of the state; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to the prosecution of traffic offenses, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) In any traffic misdemeanor trial, a judge of the probate court, upon his own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor of the state court of the county to conduct the trial on behalf of the state. If, for any reason, the district attorney or solicitor is unable to assist, the district attorney or solicitor may designate a member of his staff to conduct the trial on behalf of the state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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HIGHWAYS, BRIDGES, AND FERRIESDEPARTMENT OF TRANSPORTATION, COUNTIES, AND MUNICIPALITIES; DOLLAR AMOUNT OF NEGOTIATED CONTRACTS; COUNTY PUBLIC WORKS CONTRACTS; BIDS. Code Sections 32-2-61, 32-4-63, 32-4-113, 36-10-2, and 36-10-4 Amended. No. 403 (Senate Bill No. 274). 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 generally, so as to change the dollar amount for which the department may negotiate certain contracts; to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to change the dollar amount for which municipalities may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder; to change the dollar amount of public works contracts which must be let by bid; to provide for waiver of bid requirements in the event of an emergency; 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 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 generally, is amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to the limitations on the power to contract, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:

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(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $20,000.00 or more except contracts: (A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contracts; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $20,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; or (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor. Section 2 . Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended by striking paragraph (1) of Code Section 32-4-63, relating to limitations on the power of counties to contract, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Involving the expenditure of less than $20,000.00;. Section 3 . Said chapter is further amended by striking paragraph (1) of Code Section 32-4-113, relating to limitations on the

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power of municipalities to contract, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Involving the expenditure of less than $20,000.00;. Section 4 . Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to public works contracts of counties only, is amended by striking Code Section 36-10-2, relating to letting of public works contracts generally, in its entirety and substituting in lieu thereof a new Code Section 36-10-2 to read as follows: 36-10-2. Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in any county, the county governing authority shall cause the same to be built or repaired by letting out the contract therefor to the lowest responsible bidder, at public outcry, before the courthouse door, after having advertised the letting of the contracts, as provided in Code Section 36-10-3, provided that such county authorities shall have authority to reject any and all bids at the public letting. If, in their discretion, the public interest and economy require it, the county authorities may build or repair any public buildings, bridges, causeways, or other public property in the county by contract or sealed proposals, to be invited under the same provisions as to specifications and like information as are provided in Code Sections 36-10-3 and 36-10-4. Section 5 . Said chapter is further amended by striking Code Section 36-10-4, relating to contracts for public works and bonds for contractors, in its entirety and substituting in lieu thereof a new Code Section 36-10-4 to read as follows: 36-10-4. (a) Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless Code Sections 36-10-1 through 36-10-3 are complied with; and

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any contractor doing or having done any work of the kind in any other manner shall not be entitled to receive any payment therefor. (c) (1) The requirements of Code Sections 36-10-1 through 36-10-3 shall not apply to the building or repairing of any public bridge, building, or other work, when the same can be done at a cost of less than $20,000.00. The proper officer may have such work of building or repairing done by hiring hands and furnishing materials. (2) In any county having a county correctional institution, the county governing authority shall have the power and authority to purchase material for and use the inmates in building or repairing any public building, bridge, causeway, or other public works in the county; and in such cases Code Sections 36-10-1 through 36-10-3 shall not apply. (3) In the event that the labor used or to be used in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the state or federal government or any agency thereof, the county governing authority shall have the power and authority to purchase material for and use the labor furnished free to the county; and in such case Code Sections 36-10-1 through 36-10-3 shall not apply. (4) Where material is purchased and work done with the inmates, or where labor is furnished as indicated in paragraph (3) of this subsection, the county governing authorities of the county may use the funds of the county arising from taxes levied for such purposes in purchasing the materials and in supporting and maintaining the inmates while the work is being done. (5) The requirements of Code Sections 36-10-1 through 36-10-3 shall not apply to public works necessitated by an emergency. Any contract let pursuant to this paragraph shall be entered, as soon as practicable, on the minutes of the county governing authority, and the nature of the emergency shall be described therein.

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(d) Nothing in this Code section shall prohibit any government from requiring such bonds as it may deem necessary for contracts involving work costing less than $20,000.00. 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 30, 1989. DEAD BODIESRECEIVING, RETAINING, POSSESSING, OR DISPOSING OF DEAD BODY OR BODILY PART UNLAWFULLY REMOVED FROM GRAVE. Code Section 31-21-44 Amended. No. 404 (Senate Bill No. 275). AN ACT To amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or disturbance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; 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 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or disturbance of the contents of a grave, is

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amended by redesignating the current subsection (b) as subsection (c) and by adding a new subsection (b) to read as follows: (b) It is unlawful for any person to receive, retain, dispose of, or possess the dead body or any bodily part of a human being knowing it to have been removed unlawfully from any grave or other place of interment or any vault, tomb, or sepulcher. This subsection shall not apply to any person having duties imposed upon that person relating to the possession or disposition of dead bodies while in the performance of said duties, which persons shall include law enforcement personnel, coroners and medical examiners, operators of funeral establishments, cemetery operators, and medical and medical laboratory personnel. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. PROBATE COURTSJUDGES; VACANCIES; CHIEF CLERK ASSUMING DUTIES; COMPENSATION. Code Section 15-9-11.1 Amended. No. 405 (Senate Bill No. 298). 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 change the provisions relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge; to change the provisions relating to filling of vacancies in the offices of certain probate judges; to change the provisions relating to the compensation of chief clerks who perform duties as judges of the probate court; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, is amended by striking in its entirety Code Section 15-9-11.1, relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge, which reads 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 cheif 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.,

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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 cheif 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. (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) The chief clerk shall discharge such duties of the judge of the probate court until the first day of January following the next succeeding general election; and (2) If the next succeeding general election is not one at which county officers are elected, a duly qualified person shall be elected judge of the probate court at a special election held at the same time as the general election. The person so elected shall take office on the first day of January following such election and shall serve for the remainder of the unexpired term of office. (c) The chief clerk performing the duties as judge of the probate court shall receive the same compensation, paid in the same manner, as such judge of the probate court would have received. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989.

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SECRETARY OF STATESERVICE OF PROCESS ON THE SECRETARY OF STATE. Code Section 9-11-4, 40-12-2, 43-1-15, and 53-13-121 Amended. No. 406 (Senate Bill No. 321). AN ACT To amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the Georgia Civil Practice Act; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresidents; Code Section 43-1-15 of the Official Code of Georgia Annotated, relating to itinerant entertainers; and Part 2 of Article 3 of Chapter 13 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees of real property in this state, so as to change the provisions relating to service of process on the Secretary of State; to change the practices and procedures related thereto; to change the provisions relating to fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the Georgia Civil Practice Act, is amended by striking paragraph (1) of subsection (d) of said Code section, which reads as follows: (1) If the action is against a corporation incorporated or domesticated under the laws of this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in the manner hereinabove provided, then service may be made upon the corporation by delivering to the Secretary of State, or his deputy, two copies of the summons and complaint, one copy of which shall be mailed by the Secretary of State or his deputy to the defendant at its last known address according to the records of the Secretary of State. The defendant shall have 30 days after such service in which to appear and answer; provided, however, that before such service shall be

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authorized, the plaintiff or his attorney shall make or cause to be made and filed in the case an affidavit setting forth the facts showing that, to the best of his knowledge, information, and belief, personal service on or notice to the officers, managing agent, or other agent of the corporation cannot be had within the state; and provided, further, that, if it shall appear from such affidavit that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint; and in all such cases the defendant shall have 30 days from the date of such mailing within which to answer or plead;, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in the manner hereinabove provided, the Secretary of State shall be an agent of such corporation 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 a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. 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 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 corporation has failed either to maintain a registered office or appoint a registered agent in this state. Further, if it shall appear from such certification that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint. Any such service by

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certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;. Section 2 . Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresidents, is amended by striking Code Section 40-12-2, relating to how service on a nonresident is made, and inserting in lieu thereof a new Code Section 40-12-2 to read as follows: 40-12-2. Service of process upon a nonresident pursuant to Code Section 40-12-1 shall be made by serving a copy of the complaint or other pleading with summons attached thereto on the Secretary of State, his duly authorized agent, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. Such service shall be sufficient service upon any such nonresident, provided that notice of such service and a copy of the complaint and process are forthwith sent by registered or certified mail by the plaintiff to the defendant, if his address is known, and the defendant's return receipt and the plaintiff's affidavit of compliance with this Code section are appended to the summons or other process and filed with the summons, complaint, and other papers in the case in the court wherein the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section. Section 3 . Code Section 43-1-15 of the Official Code of Georgia Annotated, relating to itinerant entertainers, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) All carnivals, road shows, and tent shows and all other itinerant entertainment not presented within any regularly licensed theater, auditorium, or other building permitted to be used for the offering of entertainment for value shall, before opening to the public or offering any amusement, entertainment, or other service to the public for value within this state: (1) Designate a resident of this state as agent and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action or proceeding against such carnival, circus, road show, tent show, or other

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itinerant show or itinerant entertainment for any action arising as a result of its appearance in this state. The name and address of such resident agent shall be filed with the judge of the probate court of each county in which such carnival, circus, or show is to be held. If no resident agent has been designated, the Secretary of State shall become such agent with all the foregoing authority, and service of such process shall be made by serving a copy of the petition with process attached thereto on the Secretary of State or an employee in his office designated by the Secretary of State as an agent to receive service in his name, or his successor in office, along with a copy of the affidavit to be submitted to the court pursuant to this Code section, and such service shall be sufficient service upon any such carnival, circus, or show; provided that notice of such service and a copy of the petition and process are forthwith sent by registered or certified mail by the plaintiff or his agent to the defendant, if its address is known, and that the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and are filed with said summons, petition, and other papers in the case in the court in which the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section; (2) Secure an insurance policy or a bond, affording coverage to such carnival, circus, or show for the extent of its stay within this state, which insurance policy or bond shall be subject to any personal injury or death or property damages to the following limits: (A) An indemnity bond subject to a limit of $100,000.00; or (B) An insurance policy or public liability bond subject to a limit of $50,000.00 for personal injury or death or property damage sustained by any one person and subject to a limit of $100,000.00 for personal injuries or death or property damages sustained by two or more persons as a result of any one accident or event; and (3) File a copy of such insurance policy or bond with the judge of the probate court in the county where the

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carnival, circus, or show is to be held or with both the judge of the probate court and the Secretary of State. The Secretary of State is authorized and directed to issue, upon the request of any carnival, circus, or show filing a copy of such insurance policy or bond in his office, a certificate of filing, stating the coverage afforded by the policy or bond and the effective dates, which certificate may be filed with the judge of the probate court of the county where the carnival, circus, or show is to be held in lieu of a copy of the policy or bond. The Secretary of State is authorized to prescribe and require such terms and conditions in such policies as he may deem necessary or advisable to protect the interests of the public in carrying out the purposes of this Code section, and he is further authorized to prescribe and require use of a standard form of bond and policy for use under this Code section. Section 4 . Part 2 of Article 3 of Chapter 13 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees of real property in this state, is amended by striking Code Section 53-13-121, relating to the procedure for service upon the Secretary of State, and inserting in lieu thereof a new Code Section 53-13-121 to read as follows: 53-13-121. If a foreign trustee of real property in this state fails to designate some person or persons who may be found and served with notice, summons, or process in this state, service of summons, notice, or process shall be made upon the trustee by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The service shall be sufficient service upon the nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail by the plaintiff or his agent to the trustee, in the state where the trustee resides, and the return receipt and the affidavit of the plaintiff as to compliance with this Code section are appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1989. HEALTHMENTAL RETARDATION CAUSED BY INHERITED METABOLIC DISORDERS; PREVENTION; CONGENITAL ADRENAL HYPERPLASIA. Code Section 31-12-6 Amended. No. 407 (Senate Bill No. 39). AN ACT To amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) The department shall promulgate rules and regulations creating a system for the prevention of mental retardation caused by phenylketonuria, galactosemia, tyrosinemia, homocystinuria, maple syrup urine disease, hypothyroidism, congenital adrenal hyperplasia, and such other inherited metabolic disorders as may be determined in the future to cause mental retardation if undiagnosed and untreated. The system shall have five components: screening newborns for the disorders; retrieving potentially affected screenees back into the

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health care system; accomplishing specific diagnoses; initiating and continuing therapy; and assessing the program. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. GEORGIA ATHLETE AGENTS REGULATORY ACT OF 1988REGISTRATION; DISCIPLINE; PENALTIES; CONTRACTS; BONDS; SIGNING CONTRACTS PRIOR TO TERMINATION OF ATHLETE'S ELIGIBILITY; NOTICES. Code Title 43, Chapter 4A Amended. No. 408 (Senate Bill No. 43). AN ACT To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Athlete Agents Regulatory Act of 1988, so as to change the provisions relating to definitions; to change the provisions relating to registration requirements; to change the provisions relating to applications for registration; to change the provisions relating to grounds for refusal of registration; to provide for revocation of a registration or the discipline of a registrant for certain actions; to provide that the refusal of a registration shall not be considered a contested case within the meaning of the Georgia Administrative Procedure Act; to authorize certain actions to be taken by the Georgia Athlete Agent Regulatory Commission against persons who are unqualified for registration or who are subject to disciplinary measures as a result of certain actions; to change the provisions relating to temporary registration; to delete certain provisions relating to requirements for applications for registration or renewal; to prohibit athlete agents from engaging in the occupation of an athlete agent without a license; to provide a penalty; to provide

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that certain contracts are void; to change the provisions relating to fees for issuance of application and renewal; to provide for a temporary registration fee and for other matters relating to fees; to change the provisions relating to surety bond requirements; to change the provisions relating to the signing of a contract prior to termination of an athlete's eligibility; to require an athlete agent to provide notification upon signing an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education; to provide for notification of athletic directors at certain institutions under certain conditions; to provide that an athlete agent is subject to forfeiture of any right of repayment of anything of value received by an athlete under certain conditions; 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 4A of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Athlete Agents Regulatory Act of 1988, is amended by striking in its entirety Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-4A-2 to read as follows: 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: (A) Is eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education; or (B) Has participated as a member of a sports team at an institution of higher education and who has never signed a professional sports services contract with

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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 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 representative of a professional sports team, provided that such owner, employee, or representative 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) `Athletic department' means the entity exercising control over the intercollegiate sports program at an institution of higher education, including, but not limited to, an athletic association, an athletic department, or an athletic foundation. (5) `Athletic director' means the representative of the intercollegiate sports program at an institution of higher education as identified on the annual report filed with the commission. (6) `Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (7) `Institution of higher education' means a public or private postsecondary school located in this state. (8) `Person' means any individual, company, corporation, association, partnership, or other legal entity. (9) `Professional sports services contract' means any contract or agreement pursuant to which an athlete is

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employed or agrees to render services as a player on a professional sports team or as a professional athlete. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-4A-4, relating to the registration requirement, and inserting in lieu thereof a new Code Section 43-4A-4 to read as follows: 43-4A-4. (a) No person shall engage in or carry on the occupation of an athlete agent with an athlete without first registering with the commission. (b) Each institution of higher education shall file an annual report with the commission, on a form provided by the commission, identifying the athletic director for said institution. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-4A-5, relating to application for registration, and inserting in lieu thereof a new Code Section 43-4A-5 to read as follows: 43-4A-5. (a) A written application for registration or registration renewal shall be made to the commission on the form prescribed by the commission and shall, at a minimum, 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; (4) Such biographical information on the applicant as may be deemed necessary by the commission; and (5) 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.

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(b) The application for registration shall be accompained 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. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-4A-7, relating to grounds for refusal of registration, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows: 43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commission upon making a finding that the applicant or registrant or his or her representative or employee: (1) Has made a material false, misleading, deceptive, untrue, or fraudulent representation as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission; (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, honesty, integrity, or competence to serve in a fiduciary capacity; (4) Has engaged in conduct which results in a violation of any rule or regulation promulgated by an intercollegiate sports governing body;

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(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 violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates athlete agents, or violating a lawful order of the commission previously entered by the commission in a disciplinary hearing; (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; or (8) Has engaged in conduct which results in an athlete's losing eligibility ot participate in intercollegiate sports contests as a member of a sports team of an institution of higher education. (b) The refusal to grant a registration shall not 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 such chapter shall not be required. 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 address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests in writing. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-4A-8, relating to revocation or suspension of registration, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows: 43-4A-8. When the commission finds that a person is unqualified to be granted a registration or finds that a registrant should be disciplined pursuant to the laws of this state, the commission may take any one or more of the following actions:

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(1) Refuse to grant or renew a registration; (2) Administer a public reprimand; (3) Suspend any registration for a definite period of time or for an indefinite period of time in connection with any condition which may be attached to the restoration of said registration; (4) Limit or restrict any registration as the commission deems necessary for the protection of the public; (5) Revoke any registration; (6) Impose a fine not to exceed $100,000.00 for each violation of a law, rule, or regulation; or (7) Impose any condition on a registration, including, but not limited to, requiring a surety bond in excess of $10,000.00, which the commission may reasonably deem necessary for the protection of the public. Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-4A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows: 43-4A-10. The commission may, as its discretion, issue a temporary registration subject to revocation for cause by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5. Section 7 . Said chapter is further amended by striking in its entirety Code Section 43-4A-11, relating to requirements for applications for registration or renewal, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows: 43-4A-11. (a) Any person who engages in the occupation of an athlete agent with an athlete without complying with this chapter or who otherwise violates any provisions of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both.

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(b) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by an athlete agent who has failed to comply with the registration requirements of subsection (a) of Code Section 43-4A-4 is void. Section 8 . Said chapter is further amended by striking in its entirety Code Section 43-4A-12, relating to fees for issuance of application and renewal, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows: 43-4A-12. The commission is authorized to charge an application fee, temporary registration fee, registration fee, registration renewal fee, or similar fees and may establish the amount of the fees to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission. Section 9 . Said chapter is further amended by striking in its entirety Code Section 43-4A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Section 43-4A-13 to read as follows: 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 not less than $10,000.00, as established by the commission. 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 department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 or would be grounds for revocation of a license under Code Section 43-4A-7 or 43-4A-8. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department 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 his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent.

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Section 10 . Said chapter is further amended by striking in its entirety Code Section 43-4A-16, relating to the signing of a contract prior to termination of an athlete's college eligibility, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows: 43-4A-16. (a) (1) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing. The athlete agent shall provide the name of the athlete and the athlete's institution of higher education and the sport or sports in which the athlete competes at such institution of higher education. The commission shall within seven business days notify in writing the athletic director of the institution of higher education attended by the athlete, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. 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. (2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing within ten days of the date of said signing. The athlete agent shall provide the name of the athlete, the name of the athlete's institution of higher education, and the sport or sports in which the athlete competes at said institution. The commission shall within seven business days notify in writing the athletic director at the institution of higher education, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. (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

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athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education. (c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic department 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 eligibility to participate in intercollegiate sports contests at such institution of higher education. (d) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, any agent contract that is negotiated by said athlete agent is void. The provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercollegiate sports contests at such institution of higher education. (e) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, said athlete agent is subject to forfeiture of any right of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received by an athlete before completion of the athlete's last intercollegiate sports contest. Section 10A . This chapter shall not be applicable to a person or agreement involving an athlete and an amateur athletic team. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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DOMESTIC RELATIONSSUPPORT PAYMENTS; PROBATION DEPARTMENTS AND SUPERVISORS NOT TO COLLECT CIVIL SUPPORT PAYMENTS. Code Sections 19-11-65, 19-11-80, and 42-8-32 Amended. No. 409 (Senate Bill No. 63). AN ACT To amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the Uniform Reciprocal Enforcement of Support Act, so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds arising under Article 2 of Chapter 11 of Title 19; 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 11 of Title 19 of the Official Code of Georgia Annotated, known as the Uniform Reciprocal Enforcement of Support Act, is amended by striking paragraph (2) of Code Section 19-11-65, relating to the power of courts to assure compliance with orders, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) To require the respondent to make payments at specified intervals to the department or any county agency designated by the court or to the obligee and to report personally to the department at such times as may be deemed necessary. Section 2 . Said Article 2 of Chapter 11 of Title 19 is further amended by striking subsection (d) of Code Section 19-11-80, relating to hearings in connection with enforcement orders, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:

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(d) The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the department or such other collection agency as the court shall designate. Section 3 . Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-8-32 to read as follows: 42-8-32. No probation supervisor shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. DOMESTIC RELATIONSABANDONMENT; SUSPENSION OF SENTENCES. Code Sections 19-10-1 and 42-8-34 Amended. No. 410 (Senate Bill No. 65). AN ACT To amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide procedures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34

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of the Official Code of Georgia Annotated, relating to hearings and determinations on the question of the probation of a defendant, so as to delete the provisions relating to the suspension of sentences for abandonment; 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 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, is amended by adding at the end thereof a new subsection (j) to read as follows: (j) (1) In a prosecution for and conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case, upon such terms and conditions as it may prescribe for the support, by the defendant, of the child or children abandoned during the minority of the child or children. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation or probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. (2) Service of any sentence suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before the child or children reach the age of majority, after a hearing as provided in paragraph (1) of this subsection and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended by the court having jurisdiction thereof. (3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defendant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the

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defendant shall not be on probation, but the defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during the periods of revocation of suspended sentences shall not exceed the maximum period of punishment for the offense. (4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defendant shall be subject to review and modification by the court, upon notice and hearing to the defendant, as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs. The review provided for in this paragraph as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as to decrease the amount of child support to be paid as a term and condition of the suspended sentence. The review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sentence; nor shall a modification, if any, be deemed a change in sentence; nor shall a modification, if any, be deemed to change the suspended sentence to a probated sentence. Section 2 . Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations on the question of the probation of a defendant, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant.

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Section 3 . Said Code Section 42-8-34 is further amended by repealing subsection (d) which reads as follows: (d) (1) In a prosecution for and conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case, upon such terms and conditions as it may prescribe for the support, by the defendant, of the child or children abandoned during the minority of the child or children. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of the sentence was suspended. (2) Service of any sentence suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before the child or children reach the age of majority, after a hearing as provided in paragraph (1) of this subsection and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended by the court having jurisdiction thereof. (3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defendant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the defendant shall not be on probation, but the defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during periods of revocation of suspended sentences shall not exceed the maximum period of punishment for the offense. (4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defendant shall be subject to review and modification by the court, upon notice and hearing to the defendant, as to the ability of the defendant to furnish support and as to the adequacy of the present support

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payments to the child's or children's needs. The review provided for in this Code section as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as to decrease the amount of child support to be paid as a term and condition of the suspended sentence. The review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sentence; nor shall a modification, if any, be deemed a change in sentence; nor shall a modification, if any, be deemed to change the suspended sentence to a probated sentence., in its entirety and substituting in lieu of said repealed subsection the following: (d) Reserved. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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PINE STRAWHARVEST AND SALE; CERTIFICATES OF HARVEST; PENALTIES; SEIZURE; STOP SALE ORDERS. Code Sections 12-6-200 through 12-6-207 Enacted. No. 411 (Senate Bill No. 88). AN ACT To amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to provide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest; to provide for exceptions; to provide for the issuance of certain orders by the director of the State Forestry Commission; to provide for the seizure of pine straw under certain conditions; to provide for construction; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 12-6-200. As used in this article, the term: (1) `Director' means the director of the State Forestry Commission. (2) `Harvesting' means the various methods or processes of gathering pine straw for preservation, storage, use, or sale.

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(3) `Landowner' means the person who owns land on which pine straw is harvested or the person having possession, control, or use of such land who has lawful authority to grant permission to harvest pine straw from the land. (4) `Person' means an individual, partnership, corporation, association, or any other legal entity. (5) `Pine straw' means the dead needles of coniferous evergreen trees which have separated from the trees to which they were originally attached. (6) `Pine straw dealer' means a person who purchases or otherwise obtains pine straw from a seller for the purpose of selling such pine straw at retail or for the purpose of selling such pine straw to another pine straw dealer or for both such purposes. Pine straw dealer also includes any person who purchases pine straw directly from a landowner for the purpose of selling such pine straw at retail. (7) `Seller' means a person who exchanges pine straw for money or for any other valuable consideration. 12-6-201. The General Assembly finds that: (1) The natural occurrence of pine straw constitutes a significant economic resource for owners of timbered property; (2) Such owners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting pine straw and have been deprived of the economic benefit of such resources; and (3) The repeated trespasses onto private property by certain persons engaged in the harvesting and baling of pine straw constitute an organized and methodical deprivation of the rights of others, necessitating the enactment of this article. 12-6-202. (a) As a condition of selling pine straw to a pine straw dealer within the State of Georgia, the seller shall obtain and present to the pine straw dealer a certificate of harvest. A

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certificate of harvest shall be a written or printed document signed by the landowner where the pine straw was harvested granting permission for the harvest of the pine straw. A certificate of harvest shall be valid for one year. In addition to the permission of the landowner to harvest pine straw, a certificate of harvest shall include the following information: (1) The name, address, and telephone number of the landowner who granted permission to harvest the load of pine straw; (2) The name, address, and telephone number of the person who was authorized to harvest the load of pine straw; and (3) The date and location of the harvest, which shall include the state and county where harvested. (b) A pine straw dealer who purchases pine straw directly from a landowner shall obtain a landowner's certificate of harvest. A landowner's certificate of harvest shall show the name, address, and telephone number of the landowner and the date and location of the harvest, including the state and county where harvested. A landowner's certificate of harvest shall be signed by the landowner. 12-6-203. (a) It shall be unlawful for any person to sell or offer to sell pine straw to a pine straw dealer or seller within the State of Georgia without presenting to the pine straw dealer or seller a certificate of harvest or landowner's certificate of harvest. (b) It shall be unlawful for any pine straw dealer or seller within the State of Georgia to purchase pine straw without first obtaining a certificate of harvest or landowner's certificate of harvest from the seller. 12-6-204. The director may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodians of any pine straw ordering them to hold the same at a designated place, when the director finds that such pine straw is being offered or exposed for sale in violation of this article, until the law has been complied with and such pine straw has been released, in writing, by the director, or until such violations have

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been otherwise legally disposed of by written authority. The director shall release pine straw products when the requirements of this article have been complied with. 12-6-205. Any pine straw obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director to the superior court of the county in which the pine straw is found. If the court finds the pine straw to be in violation of this article, and orders its condemnation, the pine straw shall be disposed of in any manner consistent with its quantity, the interests of the parties, and the laws of this state, provided that in no instance shall the pine straw be ordered by the court to be disposed of without first giving the person claiming the pine straw an opportunity to apply to the court for release of the pine straw in such manner as to bring it into compliance with this article. 12-6-206. This article shall not be construed so as to affect any farmer or other person harvesting or handling pine straw for home or personal use. 12-6-207. Any person violating any provisions of this article shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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DEPARTMENT OF AGRICULTUREINSPECTION WARRANTS. Code Section 2-2-11 Enacted. No. 412 (Senate Bill No. 116). AN ACT To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection warrants and the practices, procedures, and requirements connected with the issuance, execution, and return thereof; to provide for notices; to provide for applications; to provide for time limits; to provide that it shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant; to provide penalties; to provide that certain inspections shall not require an inspection warrant; 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 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding at the end thereof a new Code Section 2-2-11 to read as follows: 2-2-11. Whenever the Constitution or laws of the United States or the State of Georgia require the issuance of a warrant to make an inspection under any law administered by the Commissioner of Agriculture or the Department of Agriculture, the procedure set forth in paragraph (1) through (7) of this Code section shall be employed. (1) The Commissioner or any person authorized to make inspections for the Commissioner shall make application for an inspection warrant to a person who is a judicial officer within the meaning of Code Section 17-5-21. (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly

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describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle. (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void. (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this title or any other law administered by the Commissioner or the department, which, if such violation existed, would be an immediate threat to health or safety, or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the

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warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected. (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this Code section. Any person violating this paragraph shall be guilty of a misdemeanor. (6) Under this Code section, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the Commissioner, and commanding him or her to conduct any inspection required or authorized by this title or any other law administered by the Commissioner or the department or regulations promulgated pursuant to this title or any other law administered by the Commissioner or the department. (7) Nothing in this Code section shall be construed to require an inspection warrant when a warrantless inspection is authorized by law or a permit issued under this title or any other law administered by the Commissioner or the department. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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HEALTHCERTIFICATES OF NEED; EXEMPTION; REMODELING, RENOVATION, AND REPLACEMENT PROJECTS. Code Section 31-6-47 Amended. No. 413 (Senate Bill No. 137). AN ACT To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and development, so as to provide for a new exemption for certain remodeling, renovation, and replacement projects; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 6 of Title 31, relating to state health planning and development, is amended by striking and after the semicolon at the end of paragraph (14) of subsection (a) thereof, striking the period at the end of paragraph (15) of that subsection (a) and inserting in its place ; and, and by adding immediately thereafter a new paragraph to read as follows: (16) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and: (A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Medical Assistance; and

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(iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and (B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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SUPERIOR COURTSCLERKS; RECORDS, BOOKS, DOCKETS, AND INDICES; FEES. Code Title 15, Chapter 6 Amended. No. 414 (Senate Bill No. 183). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping; to change the provisions relating to fees of the clerks of the superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, is amended by striking Code Section 15-6-61, which reads as follows: 15-6-61. It is the duty of a clerk of the superior court: (1) To keep his office and all things belonging thereto at the county site and at the courthouse or at the place designated pursuant to Code Section 15-6-86; (2) To attend all sessions of the court and keep fair and regular minutes of its proceedings from day to day, including a transcript of the judge's entires on his dockets when not more fully shown in a book kept for that purpose; (3) To issue and sign every summons, subpoena, writ, execution, process, order, or other paper under the authority of the court and attach seals thereto when necessary. It shall likewise be the duty of the clerk to issue and sign under authority of the court any order to show cause in any

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pending litigation on behalf of any party thereto and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted; (4) To keep in his office, or in court while court is in session, the following dockets and books: (A) An issue docket, on which shall be placed all civil cases pending in his court in which an issue to be tried by a jury is made or is likely to be made; (B) A motion docket, on which shall be placed only those motions which are to be decided by the judge without the intervention of a jury; (C) Two subpoena dockets, one for civil cases and the other for criminal cases, which dockets shall show the name of the person, unless the subpoena was issued with such name in blank, for whom the subpoena was issued, its date, at whose instance it was issued, and to whom it was delivered; (D) An execution docket, which shall show the names of the parties and their attorneys, the date, the time the execution is returnable, to whom and when it was delivered, when it was returned, and memoranda of all entries on the original. However, this execution docket shall not be kept in any county having a population of 300,000 or more according to the United States decennial census of 1940 or any future such census; (E) A general execution docket, on which shall be entered all executions, and a reverse index to such docket, on which shall be entered all executions entered on such docket; (F) A trial docket of criminal cases, showing the names of the parties, their attorneys, and the character of each case in the order in which the cases were returned to court; (G) A docket of criminal cases to be known as the `dead docket,' to which cases shall be transferred at the

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discretion of the presiding judge and which shall only be called at his pleasure. When a case is thus transferred, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; (H) Duplicates of the issue and motion dockets, for the use of the bar; (I) Well-bound books for separately recording all deeds, mortgages, and other liens and bills of sale, provided that instruments evidencing the title to personal property which have been recorded for more than ten years may be recorded and any other records, excepting only instruments evidencing the title to real property, may be kept or recorded by microfilm or other photographic process of a permanent nature, so long as the proper indexes and adequate equipment are maintained and the necessary personnel are provided for viewing such records; (J) An attachment docket, in connection with the general execution docket, or in a separate book, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, the day and hour of the levy, and a brief general description of the land or other property levied on; (K) A filing docket, which shall show the day and hour of the filing of deeds, mortgages, and liens of all kinds which are required to be recorded for any purpose, which docket shall be open for examination and inspection as are other records of the office; and (L) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such lis pendens docket to have proper direct and inverse indexes, and such indexes to be arranged alphabetically; (5) To have stamped and labeled properly, and numbered or lettered if required, all the books which he is

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required to keep and to keep for each, except the dockets called by the court, a proper index and to supply any of the books or indexes needed and to transcribe the contents of any books of record which may be in a dilapidated condition; (6) To keep all the books, papers, dockets, and records belonging to his office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference; (7) To keep at his office all publications of the laws of the United States furnished by the Governor and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience; (8) To procure, within 30 days after his qualification, a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done; (9) To make out and deliver to any applicant, upon payment of legal fees, a correct transcript, properly certified, of any minute, record, or file of his office; (10) To make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record transmitted to the Supreme Court and the Court of Appeals, as the laws require; (11) To make a notation on all conveyances or liens of the day they were left to be recorded and of the day they were recorded, to be signed officially, which notation shall be evidence of the facts stated. In counties having a population of more than 150,000 persons according to the United States decennial census of 1950 or any future such census, the notation may be made by the clerk or his deputy by written signature or by facsimile signature of the clerk; (12) To attest deeds and other written instruments for registration;

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(13) To administer all oaths required by the court and to record all oaths required by law; and (14) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court., and inserting in lieu thereof a new Code Section 15-6-61 to read as follows: 15-6-61. (a) It is the duty of a clerk of superior court: (1) To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law; (2) To attend to the needs of the court in the performance of the duties of the clerk; (3) To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted; (4) To keep in the clerk's office the following dockets or books: (A) A civil docket which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, URESA actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions; (B) A criminal docket which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal docket shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil

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proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; (C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor; (D) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such docket to have direct and reverse indexes; (E) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, or other documents concerning or evidencing title to real property, where not otherwise specifically provided for; and (F) An attachment docket, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, and a brief description of the land or other property to be levied on; (5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference; (6) To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience; provided, however, the clerk may consent that these publications be maintained in the public law library;

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(7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done; (8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released; (9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals; (10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechanical printing; (11) To attest deeds and other written instruments for registration; (12) To administer all oaths required by the court and to record all oaths required by law; and (13) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for

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computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Section 2 . Said article is further amended by striking Code Section 15-6-65, which reads as follows: 15-6-65. All civil cases pending in the superior court shall be entered by the clerk thereof on one of the two dockets listed in subparagraph (A) or (B) of paragraph (4) of Code Section 15-6-61 and in all cases shall be entered and stand for trial in the order in which they came into court, without reference to the nature of the case. Such entry shall include the names of the parties and their attorneys, the nature of the action, and the character of service. No other entry or memoranda shall be made on such dockets except by the presiding judge or his order., and inserting in lieu thereof a new Code Section 15-6-65 to read as follows: 15-6-65. All civil cases pending in the superior court shall be entered by the clerk thereof on the civil docket as provided in Code Section 15-6-61 and shall stand for trial in the order in which they came into court except as otherwise provided by law. Section 3 . Said article is further amended by striking Code Section 15-6-66, which reads as follows: 15-6-66. (a) The clerk of the superior court shall provide at the expense of each county a duplex index book in which shall be indexed the names of the grantor and grantee of every instrument recorded in his office, the character of the instrument, the date of the instrument, the book where recorded, and the date of the record. (b) The clerk may provide a suitable cross-reference card-index system for indexing the records enumerated in subsection (a) of this Code section in lieu of a duplicate index book. The card index must be kept in locked glass door cabinets or in cabinets with sliding trays with locked covers so that the cards cannot be removed or replaced except by the clerk of the court or any of his authorized employees. When the indexing cycle is complete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record.

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(c) The name of the grantor as listed in the index book or card-index system shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased. An appropriate notation shall be made as to the capacity of the person, firm, or corporation executing the instrument on behalf of the owner. (d) This Code section shall not apply to transactions covered by Article 9 of Title 11., and inserting in lieu thereof a new Code Section 15-6-66 to read as follows: 15-6-66. (a) The clerk of the superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(E) of Code Section 15-6-61, such index to include the character of the instrument, the book or location of the record, and the date of filing and to include the time of filing if not otherwise reflected in the record. (b) The name of the grantor as listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased. (c) This Code section shall not apply to transactions covered by Article 9 of Title 11. Section 4 . Said article is further amended by striking subsection (b) of Code Section 15-6-68, which reads as follows: (b) The clerk of the superior court of each county shall also provide himself with an appropriate index book in which he must index all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of

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the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts., and inserting in lieu thereof a new subsection (b) to read as follows: (b) The clerk of the superior court shall also provide an appropriate index book, or a series of index books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or plated, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts. Section 5 . Said article is further amended by striking subparagraph (b)(1)(A) of Code Section 15-6-77, relating to fees of the clerks of the superior courts, and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) As used in this paragraph, the term `domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases. Section 6 . Said article is further amended by striking subsection (a) of Code Section 15-6-87, which reads as follows: (a) The clerk of the superior court of any county of this state may install and use photostatic equipment or other photographic equipment, including microfilm photographic equipment, in recording, copying, and furnishing copies of any and all instruments, records, and proceedings or parts of the same of record or on file in his office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The clerk of the superior court of any county of this state may install and use photostatic or other photographic

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equipment, including microfilm photographic equipment, and electronic or computer equipment for use in the filing, docketing, recording, copying, binding, indexing, certification, and furnishing of copies, including certified copies, of any and all instruments, records, and proceedings or parts of the same of record or on file in the clerk's office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. Section 7 . This Act shall become effective on July 1, 1989. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. INSURANCEGEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT; INCARCERATION FOR VIOLATIONS. Code Section 33-34-12 Amended. No. 415 (Senate Bill No. 199). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, is amended by striking Code Section 33-34-12, relating to operating a motor vehicle without proof of insurance or knowingly operating or authorizing another to operate a motor vehicle without insurance or approved plan of self-insurance, in its entirety and inserting in lieu thereof a new Code Section 33-34-12 to read as follows: 33-34-12. (a) (1) The owner or operator of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during the operation of the vehicle. A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of the minimum insurance coverage required by this chapter. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of the minimum insurance coverage required by this chapter for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (2) Every law enforcement officer in this state shall request the operator of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this chapter every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle. (3) If the owner or operator of a motor vehicle fails to show proof or evidence of minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.

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(4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that the minimum insurance coverage required by this chapter was in effect at the time the citation was issued, the court shall return the driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive and which otherwise meets the requirements of this chapter. (c) Any person who knowingly makes a false statement or certification under Code Section 33-34-10, 33-34-11, or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of this Code section shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety. After the 60 day suspension period and when the person provides proof of having prepaid a sixmonth minimum insurance policy and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the person's driver's license to such person. For a second or subsequent offense within a five-year period, the suspension period will be increased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The

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procedures for submission of driver's licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations. (e) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle driver's license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction under subsection (a), (b), or (c) of this Code section and a warrant shal issue for the arrest of such person. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. TORTSLIBEL AND SLANDER; CORRECTION AND RETRACTION OF DEFAMATORY STATEMENTS IN A VISUAL OR SOUND BROADCAST; TORT OF ABUSIVE LITIGATION. Code Section 51-5-12 Enacted. Code Sections 51-7-80 through 51-7-85 Enacted. No. 416 (Senate Bill No. 239). AN ACT To amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, so as to provide for the tort of abusive litigation; to provide for definitions; to define such tort; to provide for the prosecution

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of claims; to provide for assessment of damages, costs and expenses, and attorney's fees; to provide for matters relative to the foregoing; to provide that other statutory or common law claims for malicious use of civil proceedings, malicious abuse of civil process, and abusive litigation shall not be allowed; 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 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended by adding immediately following Code Section 51-5-11 a new Code section, to be designated Code Section 51-5-12, to read as follows: 51-5-12. (a) In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to provide that the plaintiff requested retraction or omitted to request retraction. (b) In any such action, the defendant may allege and given proof of the following matters, as applicable: (1) (A) That the matter alleged to have been broadcast and to be defamatory was published without malice; (B) That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicious and public a manner as that in which the alleged defamatory statement was broadcast; and (C) That, if the plaintiff so requested, the retraction and correction were accompanied, on the same day, by an editorial in which the allegedly defamatory statement was specifically repudiated; or (2) That no request for correction and retraction was made by the plaintiff.

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(c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages. Section 2 . Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to false arrest, false imprisonment, and malicious prosecution, is amended by adding at the end thereof a new article, to be designated Article 5, to read as follows: ARTICLE 5 51-7-80. As used in this article, the term: (1) `Civil proceeding' includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity. (2) `Claim' includes any allegation or contention of fact or law asserted in support of or in opposition to any civil proceeding, defense, motion, or appeal. (3) `Defense' includes any denial of allegations made by another party in any pleading, motion, or other paper submitted to the court for the purpose of seeking affirmative or negative relief, and any affirmative defense or matter asserted in confession or avoidance. (4) `Good faith,' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that to the best of a person's or his or her attorney's knowledge, information, and belief, formed honestly after reasonable inquiry, that such civil proceeding, claim, defense, motion, appeal, or other position is well grounded in fact and is either warranted by existing law or by reasonable grounds to believe that an argument for the extension, modification, or reversal of existing law may be successful. (5) `Malice' means acting with ill will or for a wrongful purpose and may be inferred in an action if the party initiated, continued, or procured civil proceedings or process

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in a harassing manner or used process for a purpose other than that of securing the proper adjudication of the claim upon which the proceedings are based. (6) `Person' means an individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or unincorporated association of persons with capacity to sue or be sued. (7) `Without substantial justification,' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position, means that such civil proceeding, claim, defense, motion, appeal, or other position is: (A) Frivolous; (B) Groundless in fact or in law; or (C) Vexatious. (8) `Wrongful purpose' when used with reference to any civil proceeding, claim, defense, motion, appeal, or other position results in or has the effect of: (A) Attempting to unjustifiably harass or intimidate another party or witness to the proceeding; or (B) Attempting to unjustifiably accomplish some ulterior or collateral purpose other than resolving the subject controversy on its merits. 51-7-81. Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts: (1) With malice; and (2) Without substantial justification. 51-7-82. (a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned,

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discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section 51-7-84 or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person. (b) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith. (c) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding. 51-7-83. (a) A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, including costs and expenses of litigation and reasonable attorney's fees. (b) If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead. (c) No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.

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51-7-84. (a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation. (b) An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination. 51-7-85. On and after the effective date of this article, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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STATE BOARD OF REGISTRATION FOR USED MOTOR VEHICLE DISMANTLERSCONTINUATION. Code Section 43-48-21 Amended. No. 417 (Senate Bill No. 241). AN ACT To amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, is amended by striking Code Section 43-48-21, relating to termination of the board, in its entirety and inserting in lieu thereof a new Code Section 43-48-21 to read as follows: 43-48-21. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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PENAL INSTITUTIONSGEORGIA BUILDING AUTHORITY (PENAL); BONDS; GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION; EARNINGS. Code Sections 42-3-6 and 42-10-4 Amended. No. 418 (Senate Bill No. 257). AN ACT To amend Code Section 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), so as to change the amount of revenue bonds which may be issued; to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change the provisions relative to the authority to retain and use earnings of the Correctional Industries Administration; 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 42-3-6, relating to the issuance of revenue bonds by the Georgia Building Authority (Penal), is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 42-3-6 to read as follows: 42-3-6. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this chapter, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $100 million for the purpose of paying all or any part of the cost, as defined in paragraph (3) of Code Section 42-3-2, of any one or combination of projects. Once a total of $100 million in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of the revenue bonds shall be payable solely from the special fund provided for in this chapter for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semiannually,

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shall mature at such time or times not exceeding 30 years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. They may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 2 . Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, is amended by striking paragraph (6) which reads as follows: (6) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this chapter: (A) In the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured; and (B) For vocational training of inmates without regard to their industrial or other assignments; , in its entirety and substituting in lieu thereof new paragraphs (6), (6.1), and (6.2) to read as follows: (6) To retain its earnings for expenditure upon any lawful purpose of the administration; (6.1) To conduct vocational training of inmates without regard to their industrial or other assignment; (6.2) To construct, erect, install, equip, repair, replace, maintain, and operate facilities of every character, consistent with its purposes; provided, however, that the Department of Corrections may not contract with the administration to transfer to it any capital outlay appropriations unless the appropriation was by line item expressly designating such a purpose; further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administration presently completed are hereby ratified and approved; .

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Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. GEORGIA POST-MORTEM EXAMINATION ACTFEES OF MEDICAL EXAMINERS; REPORTS; FEES OF PEACE OFFICERS REPEALED. Code Sections 45-16-22 and 45-16-32 Amended. No. 419 (Senate Bill No. 319). AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to change certain fees which the medical examiner is entitled to for performing certain examinations; to change certain provisions relating to reports of post-mortem examinations and investigations; to repeal certain provisions providing fees for peace officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, is amended by striking in its entirety subsection (e) of Code Section 45-16-22, relating to the authority and power of the Division of Forensic Sciences of the Georgia Bureau of Investigation generally, and inserting in lieu thereof a new subsection (e) to read as follows:

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(e) For each post-mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $100.00; and, in cases where dissection of the body is required, he shall receive a fee of $300.00 for a partial post-mortem examination and autopsy and a fee of $400.00 for a complete post-mortem examination and autopsy. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner. Section 2 . Said article is further amended by striking in its entirety Code Section 45-16-32, relating to reports of post-mortem examinations and investigations, and inserting in lieu thereof a new Code Section 45-16-32 to read as follows: 45-16-32. The medical examiner and coroner shall file in triplicate a report of each post-mortem examination or autopsy and each investigation with the director of the division, who shall assign to the reports an appropriate division file number and return one copy of the post-mortem examination or autopsy report to the medical examiner and forward one copy each of the post-mortem examination or autopsy report and coroner's report to the coroner and peace officer in charge. The coroner shall maintain permanent records of such reports. The coroner may file all original reports with the clerk of the superior court of the county. In cases where such report indicates a suspicion of foul play, the medical examiner and peace officer in charge shall transmit any specimens, samples, or other evidence to the division for verification. In cases where reports indicating foul play are verified by the division, the director of the division shall cause additional copies of such verified report to be made and transmitted to the appropriate prosecuting attorney where the acts or events leading to the death occurred. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3,1989.

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CIVIL PRACTICERENEWAL OF A CIVIL ACTION AFTER DISMISSAL; COURT COSTS; MEDICAL MALPRACTICE; STATUTE OF LIMITATIONS; AFFIDAVITS. Code Sections 9-2-61 and 9-11-9.1 Amended. Code Section 9-3-97.1 Enacted. No. 420 (Senate Bill No. 329). AN ACT To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, so as to provide that before a plaintiff institutes a previously dismissed civil action, such plaintiff shall first pay the court costs of the action that such plaintiff previously dismissed; to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, so as to provide that the period of limitation for filing an action for medical malpractice shall be tolled under certain circumstances if the injured person is delayed in obtaining medical information from a health care provider; to provide for resumption of such period of limitation; to provide for practices, procedures, and requirements relative to the tolling of the statute of limitations; to provide for a statement of intent; to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to the requirement of an affidavit to accompany a complaint in an action for medical malpractice, so as to provide for the effect of a failure to file an affidavit; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to renewal of a civil action after dismissal, 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) When any case has been commenced in either a state or federal court within the applicable statute of limitations and

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the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or, if permitted by the federal rules of civil procedure, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once. Section 2 . Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, is amended by inserting immediately following Code Section 9-3-97 a new Code Section 9-3-97.1 to read as follows: 9-3-97.1. (a) The periods of limitation for bringing an action for medical malpractice as provided in Code Sections 9-3-71 and 9-3-72 shall be tolled if: (1) The injured person or his duly appointed attorney makes a request by certified or registered mail, return receipt requested, upon any physician, hospital, or other health care provider for medical records in their custody or control relating to such injured person's health or medical treatment which medical records the injured person is entitled by law to receive; (2) The request, if made by an injured person's duly appointed attorney, has enclosed therewith a properly executed medical authorization authorizing release of the requested information to said attorney; (3) Such request expressly requests that the medical records be mailed to the injured person or his attorney by certified or registered mail, return receipt requested and states therein that the requested records are needed by the injured person for possible use in a medical malpractice action; (4) The injured person or his attorney has promptly paid all fees and costs charged by such physician, hospital, or other health care provider for compiling, copying, and mailing such medical records; and

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(5) Such medical records or a letter of response stating that the provider does not have custody or control of the medical records has not been received by the injured person or his attorney within 21 days of the date of receiving such request. Such periods of limitation shall cease to run on the twenty-second day following the day such request was received and shall resume on the day following the date such medical records, or response stating that the provider does not have custody or control of the medical records, are actually received by such injured person or his attorney; provided, however, that such periods of limitation shall be tolled only once for any cause of action. (b) Any action filed in reliance upon a tolling of the statute of limitations as authorized by this Code section shall contain in the complaint as first filed allegations showing that the plaintiff is entitled to rely upon the provisions of this Code section, and said complaint as first filed shall have attached thereto as exhibits copies of the request, medical release, and evidence of mailing and receipt by certified or registered mail. (c) Notwithstanding any other provision of this Code section, no period of limitation shall be tolled for a period exceeding 90 days except as provided in this subsection. In the event the procedure set forth in subsection (a) of this Code section has been followed by an injured person but the requested records or a letter of response stating that the provider does not have custody or control of the medical records have not been received within 85 days, the injured person shall have the right to petition the court for an order tolling the period of limitation beyond the 90 days and requiring the delivery of the medical records originally requested or a letter of response stating that the provider does not have custody or control of the medical records. (d) It is intended that the provisions of this Code section tolling the statute of limitations for medical malpractice under certain circumstances be strictly complied with and strictly construed. Section 3 . Code Section 9-11-9.1, relating to the requirement of an affidavit to accompany a complaint in an action for

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medical malpractice, is amended by adding at the end thereof two new subsections (e) and (f) to read as follows: (e) Except as allowed under subsection (b) of this Code section, if a plaintiff fails to file an affidavit as required by this Code section contemporaneously with a complaint alleging professional malpractice and the defendant raises the failure to file such an affidavit in its initial responsive pleading, such complaint is subject to dismissal for failure to state a claim and cannot be cured by amendment pursuant to Code Section 9-11-15 unless a court determines that the plaintiff had the requisite affidavit available prior to filing the complaint and the failure to file the affidavit was the result of a mistake. (f) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit in its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit available prior to filing the complaint and the failure to file the affidavit was the result of a mistake. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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GEORGIA HEARING AID DEALERS AND DISPENSERS ACTEXAMINATIONS; APPRENTICE DISPENSER'S PERMIT. Code Sections 43-20-9 and 43-20-11 Amended. No. 421 (Senate Bill No. 343). AN ACT To amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Hearing Aid Dealers and Dispensers Act, so as to change certain provisions relating to examinations; to change the provisions relating to when an apprentice dispenser's permit shall be issued; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Hearing Aid Dealers and Dispensers Act, is amended by striking in its entirety subsection (c) of Code Section 43-20-9, relating to examinations, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The joint-secretary shall schedule every apprentice dispenser who has held the permit over 30 days to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-20-11, relating to

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apprentice dispensers' permits, and inserting in lieu thereof a new subsection (a) to read as follows: (a) An apprentice dispenser's permit shall be issued by the joint-secretary on behalf of the board only when: (1) Application has been made; (2) A statement of supervision has been provided by a licensed dispenser; (3) A statement has been made by the supervising dealer that the applicant is capable of making the tests and applying the techniques required to dispense hearing aids in accordance with this chapter; (4) Proof of age has been made. Apprentice dispensers' permits are limited to one year in duration and shall not be renewed. No person shall be issued a second apprentice dispenser permit until a period of two years has elapsed following expiration of the applicant's first permit; and (5) The applicant has passed the practical portion of the examination. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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EDUCATIONLOCAL BOARDS OF EDUCATION; MEMBERS; QUALIFICATIONS. Code Section 20-2-51 Amended. No. 422 (Senate Bill No. 345). AN ACT To amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, so as to provide conditions of eligibility to serve as a member of any local board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to selection and eligibility of members of county boards of education, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection shall be applicable to all persons seeking to become elected or appointed to any local board of education. This subsection shall not apply to institutions above the high school level. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MAGISTRATE COURTSCHIEF MAGISTRATES; MINIMUM COMPENSATION. Code Section 15-10-23 Amended. No. 423 (Senate Bill No. 372). AN ACT To amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, so as to change the provisions relating to minimum compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to minimum compensation of chief magistrates, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as [Illegible Text]: (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: Population Minimum Salary 05,999 $ 6,912.00 6,00011,999 10,300.00 12,00019,999 11,742.00 20,00029,999 13,125.00 30,00039,999 15,592.00 40,00049,999 17,010.00 50,00099,999 18,060.00 100,000199,999 23,581.00 200,000299,999 31,475.00 300,000 or more 34,275.00 The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the

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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. Section 2 . This Act shall become effective on January 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. JURIESCOMPILATION AND REVISION OF JURY LISTS; SELECTION OF JURORS; JURY BOXES. Code Sections 15-12-40 and 15-12-42 Amended. No. 424 (House Bill No. 524). AN ACT To amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relating to jury lists and the compilation and revision thereof; to change certain procedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures; to change the provisions relating to selection of jurors and the use of jury boxes; to provide for plans; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended by striking Code Section 15-12-40, relating to jury lists and the compilation and revision thereof, which reads as follows: 15-12-40. (a) (1) At least biennially, or, if the chief judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile, maintain, and revise a jury list of intelligent and upright citizens of the county to serve as trial jurors. In composing such list, the commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county, they shall supplement the list by using other sources so as to assure the jury list is a fairly representative cross section of the intelligent and upright citizens of the county. (2) At least biennially, or, if the chief judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile, maintain, and revise a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing such a list, the commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the grand jury list, so composed, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, they shall supplement the list by using other sources so as to assure the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Such list shall not exceed two-fifths of the number of citizens on the county's most recent trial jury list.

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(3) Once filed, the lists so created shall constitute the body of trial and grand jurors for the county, respectively. Except as otherwise provided in this article, no new names shall be added to either list until those names originally selected have been completely exhausted or until a revised list has been properly created. Nothing in this article shall be construed to prohibit a citizen who is otherwise qualified from being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead. (b) (1) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a trial jury list of intelligent and upright citizens of the county to serve as trial jurors. In composing such list, the commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county, they shall supplement the list by using other sources so as to assure the trial jury list is a fairly representative cross section of the intelligent and upright citizens of the county. (2) In any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing such list, the commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the grand jury list, so comprised,

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is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, they shall supplement the list by using other sources so as to assure the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. The number of citizens on such list shall be established by the jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, but not to exceed 5,000 grand jurors. (3) Once the trial or grand jury lists, or both, are established, the board of jury commissioners may revise such lists from time to time by adding new names to the lists, correcting names and other data on the lists, and deleting names from the lists by reason of death or other legal cause. When the board of jury commissioners removes or adds individuals to either list, the copy of the respective list on file with the clerk of the superior court shall be made to reflect these additions or deletions. (4) Any trial or grand jury list so established shall become the trial or grand jury box for the county. The information contained thereon shall be stored in a security data processing storage bank from which all trial or grand juries in the county shall be selected by the judges designated by law to draw the trial or grand juries. (5) At each selection of trial or grand jurors, the computer shall be programmed to scan the entire appropriate juror list under the formula and plan adopted by the court pursuant to Code Section 15-12-43. (c) Other disposition or transfer. In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government other than persons who reside on property of the United States government within such county who are registered voters

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according to the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials and any persons who reside on property of the United States government within such county who are not registered voters and who have requested in writing to the jury commissioners that their names be included on the list from which citizens are selected to serve as jurors and grand jurors by the jury commissioners., and inserting in lieu thereof a new Code Section 15-12-40 to read as follows: 15-12-40. (a) Nonmechanical procedure . (1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of intelligent and upright citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Such lists shall be composed from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the board of jury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county or the grand jury list, so composed, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, the board of jury commissioners shall supplement the lists by using other sources so as to assure the trial jury list is a fairly representative cross section of the intelligent and upright citizens of the county and the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Nothing in this article shall be construed to prohibit a citizen who is otherwise qualified from being included in both the trial and

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grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead. (2) The grand jury list shall not exceed two-fifths of the number of citizens on the county's most recent trial jury list. (3) Once filed, the lists so created shall constitute the body of trial and grand jurors for the county, respectively. Except as otherwise provided in this article, no new names shall be added to either list until those names originally selected have been completely exhausted or until a revised list has been properly created. (b) Mechanical or electronic procedure . (1) In any county using a plan for the selection of persons to serve as jurors by mechanical or electronic means in conformance with paragraphs (1) and (2) of subsection (b) of Code Section 15-12-42, the board of jury commissioners shall compile and maintain a trial jury list and a grand jury list in conformance with paragraph (1) of subsection (a) of this Code section. (2) Once the trial or grand jury lists, or both, are established, the board of jury commissioners may revise such lists from time to time by adding new names to the lists, correcting names and other data on the lists, and deleting names from the lists by reason of death or other legal cause. (3) The trial jury box for the county shall be taken from the trial jury list established by the board of jury commissioners, and the grand jury box for the county shall be taken from the grand jury list established by the board of jury commissioners. The information contained in the trial and grand jury boxes shall be stored in a security data processing storage bank from which all trial or grand juries in the county shall be selected as provided in the plan adopted pursuant to Code Section 15-12-42.

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(4) The number of citizens in the grand jury box shall be established by the board of jury commissioners but shall contain, as a minimum, a number equal to four times the number of grand jurors required to be drawn in the county annually, but not to exceed 5,000 grand jurors. (5) At each selection of trial or grand jurors, the computer shall be programmed to scan the entire appropriate jury box under the formula and plan adopted by the court pursuant to Code Section 15-12-42. (6) In any county utilizing a plan for the selection of persons for the trial and grand jury boxes by mechanical or electronic means in conformance with paragraph (4) of subsection (b) of Code Section 15-12-42, the trial or grand jury box for the county may be compiled from the trial or grand jury list of the county by mechanical or electronic means as provided for in the plan. (c) Other disposition or transfer . In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for the purpose of this Code section shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government other than persons who reside on property of the United States government within such county who are registered voters according to the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials and any persons who reside on property of the United States government within such county who are not registered voters and who have requested in writing to the board of jury commissioners that their names be included on the list from which citizens are selected to serve as jurors and grand jurors by the board of jury commissioners. Section 2 . Said article is further amended by striking subsection (b) of Code Section 15-12-42, relating to selection of jurors, the use of jury boxes, and mechanical or electronic means of selection, which reads as follows:

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(b) Mechanical or electronic procedure. (1) In lieu of the procedure set forth in subsection (a) of this Code section, the chief judge of the superior court in any county having facilities available for the implementation of this subsection, with the concurrence of the other judge or judges of the superior court, may establish a plan for the selection of persons to serve as jurors in such county by mechanical or electronic means. The plan shall be established by a duly published and filed rule of the court. The clerk of the superior court, as clerk of the board of jury commissioners, shall implement and maintain the jury selection process established by the plan. (2) The plan: (A) Shall provide for a fair, impartial, and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment, using the jury lists compiled by the board of jury commissioners in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation, handling, maintenance, processing, and storage of magnetic tapes, data banks, and other materials and records used in the selection process; (C) Shall contain such other regulations and guidelines as are necessary to fully implement this subsection and to facilitate the use of the plan for the selection of persons for jury service by all of the courts in such county; and (D) May be amended from time to time as necessary to keep the entire jury selection process updated. (3) In any county in which a plan has been established under this subsection such plan shall conform as nearly as practicable to paragraphs (2) and (3) of subsection (a) of this Code section. However, where the computer data storage cell is used as the jury box, the provisions contained in such paragraphs shall not apply.,

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and inserting in lieu thereof a new subsection (b) to read as follows: (b) Mechanical or electronic procedure . (1) In lieu of the procedure set forth in subsection (a) of this Code section, the chief judge of the superior court in any county having facilities available for the implementation of this subsection, with the concurrence of the other judge or judges of the superior court, may establish a plan for the selection of persons to serve as jurors in such county by mechanical or electronic means. The plan shall be established by a duly published and filed rule of the court. The clerk of the superior court, as clerk of the board of jury commissioners, shall implement and maintain the jury selection process established by the plan. (2) The plan: (A) Shall provide for a fair, impartial, and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment, using the jury boxes compiled in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation, handling, maintenance, processing, and storage of magnetic tapes, data banks, and other materials and records used in the selection process; (C) Shall contain such other regulations and guidelines as are necessary to fully implement this subsection and to facilitate the use of the plan for the selection of persons for jury service by all of the courts in such county; and (D) May be amended from time to time as necessary to keep the entire jury selection process updated. (3) In any county in which a plan has been established under this subsection such plan shall conform as nearly as practicable to paragraphs (2) and (3) of subsection (a) of this Code section. However, where the computer data storage cell is used as the jury box, the provisions contained in such paragraphs shall not apply.

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(4) In any county having facilities available for the implementation of this subsection, the chief judge of the superior court, with the concurrence of the other judge or judges of the superior court, may establish a plan by a duly published and filed rule of court for the trial and grand jury boxes for the county to be taken from the trial or grand jury lists established by the board of jury commissioners by mechanical or electronic procedures. Such plan: (A) Shall provide for a fair, impartial, and objective method of selecting persons for inclusion in the trial or grand jury box with the aid of mechanical or electronic equipment and for a system of allowing jurors the greatest opportunity to serve, using the jury lists compiled by the board of jury commissioners in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation, handling, maintenance, processing, and storage of magnetic tapes, data banks, and other materials and records used in the process of composing and maintaining the trial and grand jury boxes; (C) Shall contain such other regulations and guidelines as are necessary to fully implement this subsection; and (D) May be amended from time to time as necessary to keep the trial and grand jury box composition process updated. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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CIVIL PRACTICEFRIVOLOUS ACTIONS AND DEFENSES; COSTS AND ATTORNEYS' FEES. Code Section 9-15-14 Amended. No. 425 (House Bill No. 525). AN ACT To amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous actions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous actions and defenses, is amended by striking subsection (g) of said Code section, which reads as follows: (g) This Code section shall be repealed effective July 1, 1989, and shall not apply to claims, defenses, or other positions first raised thereafter but shall continue to apply to claims, defenses, and positions first raised prior to said date., and inserting in lieu thereof the following: (g) Reserved. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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PROPERTYMECHANICS' AND MATERIALMEN'S LIENS; ACTIONS IN REM; FILING NOTICES WITH THE CLERK OF THE SUPERIOR COURT. Code Section 44-14-361.1 Amended. No. 426 (House Bill No. 545). AN ACT To amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: (1) A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up;

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(2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows: `A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).'; (3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, at the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported

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owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. At the time of filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other

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recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. DOMESTIC RELATIONSLEGITIMATION OF CHILDREN; ESTABLISHMENT OF DUTY OF FATHER TO SUPPORT. Code Section 19-7-22 Amended. No. 427 (House Bill No. 556). AN ACT To amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy of children, so as to provide that in cases of legitimation, the court shall establish the duty of the father to support the child; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy of children, is amended by striking Code Section 19-7-22 in its entirety and inserting in lieu thereof a new Code Section 19-7-22 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 the child shall be known. In addition, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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GOVERNOR'S EMPLOYMENT AND TRAINING COUNCILCREATION; DUTIES. Code Titles 8, 34, and 45 Amended. No. 428 (House Bill No. 568). AN ACT To amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor in adopting rules and regulations and in carrying out the provisions of said part in lieu of the advisory committee previously provided for; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that the Governor's Employment and Training Council shall be and shall perform the duties of the heretofore existing Board of Boiler and Pressure Vessel Rules, the Advisory Board on Amusement Ride Safety, and the Advisory Board on Carnival Ride Safety; to provide for the creation of the Governor's Employment and Training Council; to provide for funding of said council; to provide for the powers and duties of said council; to provide for the reimbursement of certain expenses incurred by persons who assist the council in carrying out certain duties; to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, known as the Public Employee Hazardous Chemical Protection and Right to Know Act of 1988, so as to provide that the Governor's Employment and Training Council shall be and shall perform the duties of the heretofore existing Hazardous Chemicals Advisory Council; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1 . Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators,

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dumbwaiters, escalators, manlifts, and moving walks, is amended by striking in its entirety Code Section 8-2-109, relating to the advisory committee which assists the Commissioner of Labor in the adoption of rules and regulations pertaining to elevators, dumbwaiters, escalators, manlifts, and moving walks, and inserting in lieu thereof a new Code Section 8-2-109 to read as follows: 8-2-109. (a) For the purpose of assisting the Commissioner in the adoption of rules and regulations and in carrying out the provisions of this part, the Commissioner shall consult with the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants and members of the Governor's Employment and Training Council to assist the Commissioner in carrying out his duties under this part. Part 2 Section 2 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking in its entirety Code Section 34-11-3, relating to the Board of Boiler and Pressure Vessel Rules, and inserting in lieu thereof a new Code Section 34-11-3 to read as follows: 34-11-3. (a) There is created within the Department of Labor a Board of Boiler and Pressure Vessel Rules which shall be referred to in this chapter as the board. The board shall consist of and be the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The board or the Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants and members of the board to assist the board and Commissioner in carrying out their duties under this chapter. Section 3 . Said title is further amended by striking in its entirety Code Section 34-12-3, relating to the creation of the Advisory

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Board on Amusement Ride Safety, and inserting in lieu thereof a new Code Section 34-12-3 to read as follows: 34-12-3. (a) There is created the Advisory Board on Amusement Ride Safety which shall be referred to in this chapter as the advisory board. The advisory board shall consist of and be the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The advisory board or the Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants and members of the advisory board to assist the advisory board and Commissioner in carrying out their duties under this chapter. Section 4 . Said title is further amended by striking in its entirety Code Section 34-13-3, relating to the creation of the Advisory Board on Carnival Ride Safety, and inserting in lieu thereof a new Code Section 34-13-3 to read as follows: 34-13-3. (a) There is created the Advisory Board on Carnival Ride Safety which shall be referred to in this chapter as the advisory board. The advisory board shall consist of and be the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The advisory board or the Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants and members of the advisory board to assist the advisory board and Commissioner in carrying out their duties under this chapter. Section 5 . Said title is further amended by adding at the end thereof a new Chapter 14 to read as follows: CHAPTER 14 34-14-1. Pursuant to the federal Job Training Partnership Act, P.L. 97-300, as amended, particularly by the federal Omnibus Trade and Competitiveness Act of 1988, P.L. 100-418, there is created the Governor's Employment and

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Training Council, referred to in this chapter as the council. The council shall conform to the requirements of federal law, shall be appointed by the Governor, and shall serve at the pleasure of the Governor. (b) The council shall be funded as provided by federal law and shall have personnel and appropriations as are provided in the state general appropriations Act. 34-14-2. (a) The council shall have such powers and duties as provided by federal law and state law. (b) When carrying out duties of an advisory nature to assist the Commissioner of Labor pursuant to state law, the council shall be authorized to consult with and form committees with persons knowledgeable in the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the council, provided such travel and other expenses are approved by the Commissioner of Labor. Part 3 Section 6 . Chapter 22 of Title 45 of the Official Code of Georgia Annotated, known as the Public Employee Hazardous Chemical Protection and Right to Know Act of 1988, is amended by striking in its entirety Code Section 45-22-6, relating to the Hazardous Chemicals Advisory Council, and inserting in lieu thereof a new Code Section 45-22-6 to read as follows: 45-22-6. (a) The Governor's Employment and Training Council shall assist the department in reviewing and preparing the Georgia Hazardous Chemical List. For the purposes of this chapter, the council shall meet at the call of the Commissioner. When the council is meeting for the purposes of this chapter, it 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. (b) The Governor's Employment and Training Council or the Commissioner shall be authorized to consult with persons knowledgeable in the field of hazardous chemicals and to create

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committees composed of such consultants and members of the council to assist the council and Commissioner in carrying out their duties under this chapter. (c) 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. (d) 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. Section 7 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 45-22-8, relating to information and training standards, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The department shall by rule and regulation establish minimum information and training standards for compliance with this Code section. The Governor's Employment and Training Council shall be authorized to make recommendations to the department regarding the development and implementation of such standards. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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BAILACCEPTANCE OF CHAUFFEUR'S OR DRIVER'S LICENSE IN LIEU OF BAIL. Code Section 17-6-2 Amended. No. 429 (House Bill No. 590). AN ACT To amend Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, so as to provide for the acceptance of chauffeur's or driver's licenses and acknowledgments and agreements relating thereto in lieu of bail in certain misdemeanor cases and provide for conditions and procedures relating thereto; to provide for license suspension and reinstatement and for penalties, fees, and costs; to provide for evidentiary matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 17-6-2. (a) (1) In all cases wherein a licensed driver of this state has been arrested, incarcerated, and charged with a violation of state law and where said violation is a misdemeanor, the sheriff of the county wherein the violation occurred shall be authorized, unless otherwise ordered by a judicial officer, after the individual has been incarcerated for not less than five days, to accept that individual's Georgia chauffeur's or driver's license as collateral for any bail which has been set in the case, up to and including the amount of $1,000.00, provided such license is not under suspension or has not expired or been revoked. (2) The individual posting a license as collateral pursuant to this subsection shall execute an acknowledgment and agreement between the individual and the State of

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Georgia as bond wherein the individual agrees to appear in court to answer the charges made against the individual and acknowledges that failure to appear in court when the case is scheduled for hearing, trial, or plea shall result in a forfeiture of the individual's license through suspension by operation of law effective upon the date of the individual's scheduled appearance. The individual shall also be notified that failure to appear in court as required may result in criminal prosecution for bail jumping as provided in Code Section 16-10-51. After execution of the agreement, except as otherwise provided by law, the license shall be returned to the individual and the original agreement shall be delivered to the prosecuting attorney for filing with the accusation, citation, or dismissal. Whenever an individual has been charged with a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, then the provisions of Code Section 40-5-69 shall apply. (3) A failure to appear by the individual who has been charged with a misdemeanor offense and who posted that individual's license as bail pursuant to this subsection shall, by operation of law, cause that individual's license to be suspended by the Department of Public Safety effective immediately, and the clerk of the court within five days after that failure to appear shall forward a copy of the agreement to the Department of Public Safety which shall enter the suspension upon the individual's driver history record. The posting of a license as provided in this subsection shall also be considered as bail for the purposes of Code Section 16-10-51. Where the original court date has been continued by the judge, clerk, or other officer of the court and there has been actual notice given to the defendant in open court or in writing by a court official or officer of the court or by mailing such notice to the defendant's last known address, then the provisions of this paragraph shall apply to the new court appearance date. (4) A license suspended pursuant to this subsection shall only be reinstated when the individual shall pay to the Department of Public Safety a restoration fee of $25.00 together with a certified notice from the clerk of the originating court that the case has either been disposed of or has been rescheduled and a deposit of sufficient collateral

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approved by the sheriff of the county wherein the charges were made in an amount to satisfy the original bail amount has been paid. The court wherein the charges are pending shall be authorized to require payment of costs by the defendant in an amount not to exceed $100.00 to reschedule the case. (5) Upon the trial of any individual charged with the offense of driving with a suspended license where such license was suspended as provided in this subsection, a copy of the acknowledgment and agreement executed by the individual together with certification by the clerk of the court of the individual's failure to appear shall be prima-facie evidence of actual notice to the individual that the individual's license was suspended. (b) In all other misdemeanor cases, sheriffs and constables shall accept bail in such reasonable amount as may be just and fair for any person or persons charged with a misdemeanor, provided that the sureties tendered and offered on the bond are approved by the sheriff in the county where the offense was committed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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WATERS OF THE STATE, PORTS, AND WATERCRAFTBOARD OF PILOTAGE COMMISSIONERS FOR THE CITY OF ST. MARYS; AGREEMENTS. Code Section 52-6-11 Amended. No. 430 (House Bill No. 612). AN ACT To amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Commissioners for the City of St. Marys shall have the authority to make an agreement with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, is amended by striking in its entirety Code Section 52-6-11, relating to the authority of commissioners to prescribe rules and regulations and to prescribe and revise pilot fees, and inserting in lieu thereof a new Code Section 52-6-11 to read as follows: 52-6-11. (a) The commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees, both inward and outward, when, in their judgment, it is necessary to do so. All rules and regulations existing as of November 1, 1982, and all fees prescribed by the commissioners as of November 1, 1982, shall remain in effect until changed as provided in this chapter. (b) The Board of Pilotage Commissioners for the City of St. Marys, having jurisdiction over areas which include boundary waters, shall be separately empowered to agree, in form, with the Florida State Board of Pilot Commissioners to establish authority

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for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. PROBATIONSUSPENSION OF RUNNING OF PROBATED SENTENCES. Code Section 42-8-36 Amended. No. 431 (House Bill No. 616). AN ACT To amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to provide additional circumstances under which the running of a probated sentence shall be suspended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a

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condition of probation, to keep his probation supervisor informed as to his residence. Upon the recommendation of the probation supervisor, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor informed as to his whereabouts. The failure of a probationer to report to his probation supervisor as directed or a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor to be the probationer's county of residence shall automatically suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court; and such period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. The effective date of the tolling of the sentence shall be the date that the officer returns the warrant showing non est inventus. Any officer authorized by law to issue or serve warrants may return the warrant for the absconded probationer showing non est inventus. (2) In addition to the provisions of paragraph (1) of this subsection, if the probation supervisor submits an affidavit to the court stating that a probationer has absconded and cannot be found, the running of the probated sentence shall be suspended effective on the date such affidavit is submitted to the court and continuing until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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PROFESSIONS AND BUSINESSESATHLETIC TRAINERS; LICENSES; RECIPROCITY; EXPIRATION; CONTINUING EDUCATION; GEORGIA BOARD OF ATHLETIC TRAINERS; TERMINATION DATE. Code Sections 43-5-8, 43-5-9, and 43-5-15 Amended. No. 432 (House Bill No. 626). AN ACT To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to change the provisions relative to reciprocity with other states; to delete the provisions relating to the issuance of licenses to persons who were actively engaged as athletic trainers; to provide that licenses shall expire biennially; to authorize continuing education as a condition for license renewal; to change the termination date of the Georgia Board of Athletic Trainers; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking subsection (b) of Code Section 43-5-8, relating to the qualifications of applicants and reciprocity, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The board shall be authorized to grant a license, without examination, to any qualified athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 43-5-9, relating to applications for licenses and issuance to qualified persons, which reads as follows:

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(c) Any person actively engaged as an athletic trainer on March 30, 1977, shall be issued an athletic trainer's license if that person makes application therefor no later than July 1, 1983, submits proof of five years of experience as an athletic trainer within the preceding ten-year period, and pays the license fee required by this chapter. in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Licenses issued by the board shall expire biennially. As a condition of license renewal, the board shall be authorized to require licensees to complete continuing education courses approved by the board. Section 3 . Said chapter is further amended by striking Code Section 43-5-15, relating to the termination date of the Georgia Board of Athletic Trainers, in its entirety and substituting in lieu thereof a new Code Section 43-5-15 to read as follows: 43-5-15. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Athletic Trainers shall be terminated on June 30, 1995, 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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CRIMES AND OFFENSESBUYING OR SELLING A HUMAN FETUS OR ANY PART THEREOF. Code Section 16-12-160 Amended. No. 433 (House Bill No. 634). AN ACT To amend Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for an additional prohibition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, is amended by striking subsections (a) and (b) in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof. (b) The prohibition contained in subsection (a) of this Code section shall not apply to: (1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair; (2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44;

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(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the person's body; (4) The payment of financial assistance under a plan of insurance or other health care coverage; (5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or (6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. REVENUE AND TAXATIONTAX EXECUTIONS; TRANSFER; NOTICES. Code Section 48-3-19 Amended. No. 434 (House Bill No. 637). AN ACT To amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provisions regarding notification of the individual against whom such an execution has been issued; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section unless and until: (1) 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 60 days have elapsed since the giving of such notice; or (2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MENTAL HEALTHCOMMUNITY SERVICES FOR THE MENTALLY RETARDED; PAYMENT FOR SERVICES. Code Section 37-5-9 Amended. No. 435 (House Bill No. 638). AN ACT To amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, is amended by striking Code Section 37-5-9, relating to payment for services, and inserting in its place a new Code section to read as follows: 37-5-9. The department and its contractors are authorized to charge fees for community services they provide under this chapter based upon ability to pay, in accordance with guidelines established by the department. When such services are provided by county boards of health, Code Section 31-3-4 authorizes the establishment of fees for the services. No person shall be denied services on the basis of inability to pay. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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CHIROPRACTORSPROFITS FROM SALE OF VITAMINS, MINERALS, AND FOOD SUPPLEMENTS. Code Section 43-9-16 Amended. No. 436 (House Bill No. 661). AN ACT To amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope and practice of chiropractors, so as to provide that chiropractors may receive profits from the sale of vitamins, minerals, or food supplements recommended by such chiropractors; to provide for related matters; to provide for compliance with other laws; 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 and practice of chiropractors, is amended by striking subsection (i) of said Code section in its entirety and inserting in lieu thereof a new subsection (i) to read as follows: (i) Chiropractors who have complied with this chapter may recommend the use of vitamins, minerals, or food supplements. 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 without providing their generic name. Nothing in this subsection shall preclude compliance with Chapter 8 of Title 48, relating to the collection of sales and use taxes. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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PUBLIC WORKS CONTRACTSPAYMENT BONDS; SECURITY DEPOSITS; ACTIONS; LIMITATIONS. Code Sections 13-10-1, 36-82-102, 36-82-104, and 36-82-105 Amended. No. 437 (House Bill No. 679). AN ACT To amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds required on contracts with the state, counties, municipalities, and other public bodies for public works, so as to provide that in lieu of a payment bond, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties; 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 provide for the approval and filing of security deposits; to provide for action on breached security deposit; to provide a limitation on time to bring action on a security deposit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds required on contracts with the state, counties, municipalities, and other public bodies for public works, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (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,

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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) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. (B) In lieu of the payment bond provided for in subparagraph (A) of this paragraph, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of at least the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the 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 in its entirety Code Section 36-82-102, relating to the approval and filing of bonds, and inserting in lieu thereof a new Code Section 36-82-102 to read as follows: 36-82-102. The bonds or security deposits 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

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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 or security deposit 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 4 of Chapter 82 is further amended by striking in its entirety Code Section 36-82-104, relating to action on breached bond, and inserting in lieu thereof a new Code Section 36-82-104 to read as follows: 36-82-104. (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. (b) Every person entitled to the protection of the payment bond or security deposit required to be given under paragraph (2) of subsection (b) of Code Section 13-10-1, who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by him or the material or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with

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the contractor furnishing such payment bond or security deposit, shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done; and provided, further, that nothing contained in this Code section shall limit the right of action to said 90 day period. (c) Notice may be served by depositing a notice, registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which he maintains an office or conducts his business or at his residence, in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process. (d) Every action instituted under this Code section shall be brought in the name of the claimant, without the state, county, municipal corporation, or public board or body for which the work was done or was to be done being made a party thereto. (e) The official who has the custody of the bond or security deposit is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and that payment therefor has not been made or that he is being sued on any such bond or security deposit, a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit; this copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.

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Section 4 . Said article is further amended by striking in its entirety Code Section 36-82-105, relating to limitation on time to bring action on bonds, and inserting in lieu thereof a new Code Section 36-82-105 to read as follows: 36-82-105. No action can be instituted on the bonds or security deposits required under Code Section 36-82-101 or any of them after one year from the completion of the contract and the acceptance of the public building or public work by the proper public authorities. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. BOILER AND PRESSURE VESSEL SAFETY ACTPRESSURE VESSELS USED FOR STORAGE OF LIQUEFIED PETROLEUM GAS. Code Section 34-11-7 Amended. No. 438 (House Bill No. 689). AN ACT To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the Boiler and Pressure Vessel Safety Act, so as to change provisions relating to an exemption from certain requirements for certain pressure vessels used for the storage of liquefied propane gas; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the Boiler and Pressure Vessel Safety Act, is amended by striking paragraph (5) of subsection (b) and inserting in its place a new paragraph to read as follows: (5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. SOCIAL SERVICESPUBLIC ASSISTANCE; OVERPAYMENTS; RECOVERY. Code Section 49-4-15 Amended. No. 439 (House Bill No. 716). AN ACT To amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment; 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 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments

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of public assistance under social services programs, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) (1) Any person who obtains any payment of public assistance to which he is not entitled or in excess of that to which he is entitled shall be liable to the state for the amount of such overpayment. (2) Any person who intentionally, with knowledge of the fraud, aids or abets any recipient of public assistance in obtaining or attempting to obtain any payment of public assistance to which the recipient is not entitled or a payment in excess of that to which he is entitled shall also be liable to the state for the amount of such payment. (3) Any person who receives any payment of public assistance to which he is not entitled or in excess of that to which he is entitled shall be liable to the state for the amount of such overpayment. (4) Subject to the limitations provided in this paragraph, the amount of such overpayment may be recovered by civil action and, if the person receiving such overpayment continues on assistance, by proportionate reduction of future public assistance grants, in accordance with regulations of the board which shall conform to the federal Social Security Act and federal regulations promulgated pursuant thereto, until the excess amount has been paid. In any case in which, under this subsection, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the department. Any repayment required by this subsection may be waived by the department, and the method of repayment, if any, including recoupments from current assistance grants, shall be determined by the department. Recoupment may be initiated without regard to whether the department has obtained a judgment in a civil action but shall not be initiated prior to notice and an opportunity for a hearing in accordance with this article. The department shall make such waivers and determinations of repayment and the manner of repayment in accordance with regulations of the board which shall conform to the federal Social Security Act and the federal regulations promulgated pursuant thereto.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. STATE GOVERNMENTINVENTORY OF PERSONAL PROPERTY; COST OF PROPERTY REQUIRED TO BE INCLUDED IN INVENTORY. Code Section 50-16-161 Amended. No. 440 (House Bill No. 725). AN ACT To amend Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, is amended by striking paragraph (2) of such Code section and inserting in lieu thereof a new paragraph (2) to read as follows:

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(2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $1,000.00 or more; or Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. GAME AND FISHBAITED FIELDS; SIGNS. Code Section 27-3-9 Amended. No. 441 (House Bill No. 734). AN ACT To amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of doves, so as to provide that conservation rangers shall be required to require owners or other persons having lawful possession or control of baited areas or land or fields to remove such bait or erect certain signs, or both; to require conservation rangers to post signs in certain circumstances; 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 . Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) When a conservation ranger is aware or becomes aware that a clearly identifiable area of land or field is baited for doves in such a manner that hunting thereon would be a violation

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of subsection (b) of this Code section, it shall be the duty of the conservation ranger to require the owner or other person having lawful possession or control of the baited area of land or field to remove such bait. The conservation ranger shall require such owner or other person to erect on the area of land or field signs having printed thereon the words: `No Hunting, Baited Field.' Such signs shall remain for 10 days after bait is removed. The printing on such signs shall be clearly visible to a person with normal eyesight from a distance of at least 50 yards. A sufficient number of such signs shall be erected to provide reasonable notice to hunters that the field or area is baited. If the conservation ranger cannot locate the owner or other person having lawful possession or control of the baited area of land or field, it shall be the duty of such conservation ranger to erect such signs. The owner or other person having lawful possession or control of a baited area or field who fails to comply with an order of a conservation ranger requiring the removal of bait or the erection of signs, or both, as required by this subsection shall be guilty of a misdemeanor. When a conservation ranger is aware that a clearly identifiable area of land or field is baited in such a manner that hunting thereon would be a violation of subsection (b) of this Code section prior to any such violation, no charge may be brought against any person under subsection (b) of this Code section unless the provisions of this subsection (c) have been followed. Nothing in this subsection shall be construed to preclude the owner or other person having lawful possession or control of a baited area or field from being charged with and convicted of a violation of subsection (a) of this Code section. Nothing in this subsection shall be construed to preclude a person being charged with and convicted of a violation of subsection (b) of this Code section when such violation is on a baited area of land or field which was not previously identified by a conservation ranger as provided in this subsection prior to such violation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MUNICIPAL GAS AUTHORITY OF GEORGIAPRINCIPAL OFFICE; VENUE OF ACTIONS. Code Sections 46-4-82 and 46-4-121 Amended. No. 442 (House Bill No. 742). AN ACT To amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County; to change the provisions relating to venue of actions; 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 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, is amended by striking Code Section 46-4-82, relating to the creation of the authority and the principal office and legal situs of the authority, and inserting in lieu thereof a new Code Section 46-4-82 to read as follows: 46-4-82. (a) There is created a public body corporate and politic to be known as the Municipal Gas Authority of Georgia, which shall be a public corporation of the State of Georgia and which shall have perpetual existence. The authority, however, shall not be a political subdivision of the state but shall be an instrumentality of the state, a mere creature of the state, having distinct corporate entity and being exempt from Article 2 of Chapter 17 of Title 50. (b) The authority shall have its principal office either in Fulton County or in a county contiguous to Fulton County. The authority's residence for the purposes of this article shall be either Fulton County or such other county contiguous to Fulton County. If the authority designates a county other than Fulton

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County as its principal office, notice of such designation shall be given in writing to the Secretary of State and the address of such designated office shall be available for public inspection in the office of the Secretary of State. Section 2 . Said article is further amended by striking Code Section 46-4-121, relating to venue of actions for the protection of rights and enforcement, and inserting in lieu thereof a new Code Section 46-4-121 to read as follows: 46-4-121. (a) Except as provided in subsection (b) of this Code section, any action to protect or enforce any rights under this article brought in the courts of this state shall be brought in the superior court of the county in which the principal office of the authority is located. (b) Any action pertaining to validation of the bonds issued under this article and pertaining to validation of the contracts constituting security for bonds shall be brought in the Superior Court of Fulton County. That court shall have exclusive original jurisdiction of any such 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 April 3, 1989.

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GEORGIA PLANT FOOD ACT OF 1989ENACTMENT. Code Title 2, Chapter 12, Article 1 Revised. No. 443 (House Bill No. 749). AN ACT To amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to repeal and replace the Georgia Plant Food Act of 1970; to provide for a short title; to provide for definitions; to provide for enforcement; to provide for the licensing of distributors of fertilizers, plant foods, and plant nutrients; to provide for specialty product registrations; to provide for fees; to provide for renewals and revocations; to prohibit the distribution of certain fertilizers and other materials except under certain conditions; to provide for minimum nutrient contents; to provide for licensing of nonresidents; to provide for labeling, inspection, sampling, and analysis; to provide for inspection fees; to provide for reports; to provide for penalties for plant food deficiencies; to provide for the time for payment of penalties and the effect of failure to pay such penalties; to provide for the establishment of commercial values; to prohibit the misbranding or adulteration of commercial fertilizers; to prohibit distribution of certain commercial fertilizers; to provide penalties for short weight products; to provide for exchanges between licensees; to provide for rules and regulations; to provide for revocation of licenses and cancellation of registration; to provide for stop sale use or removal orders; to provide for seizure, condemnation, and sale; to prohibit certain additional conduct; to provide for penalties; to provide for injunctions; to provide for practices and procedures; to provide for additional regulation of commercial fertilizers, plant foods, licensees, and other persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, is amended by striking Article 1 of said

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chapter, known as the Georgia Plant Food Act of 1970, and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 2-12-1. This article shall be known as the `Georgia Plant Food Act of 1989.' 2-12-2. As used in this article, the term: (1) `Brand' means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. (2) `Bulk fertilizer' means commercial fertilizer distributed in a nonpackage form. (3) `Commercial fertilizer' means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except for unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, soil conditioners, and other products exempted by regulations of the Commissioner. (4) `Commercial value' means the assessed average retail value per unit of plant nutrient in dollars and cents. Such assessed values shall be established by the Commissioner annually and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establishment of such values, those objecting shall be afforded a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the effective date of such values shall be postponed pending the outcome of such hearing. The assessed values as established by the Commissioner shall be used in computing the dollar rates of penalties as provided in this article. The commercial value as established in accordance with this article is provided as a guide in determining the actual value of the product and shall not in any manner attempt to fix, regulate, or control the sales price of commercial fertilizer or fertilizer material.

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(5) `Deficiency' means the amount of nutrient, found by analysis, less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity. (6) `Distribute' means to offer for sale, sell, exchange, barter, or otherwise supply or make available commercial fertilizers in this state. (7) `Distributor' means any person who distributes. (8) `Fertilizer material' means a commercial fertilizer which either: (A) Contains important quantities of not more than one of the primary plant nutrients, namely, total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O); (B) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration, provided that such material shall be scientifically documented to be agronomically or horticulturally useful when used at the application rates recommended for promoting plant growth. (9) `Grade' means the percentage of total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O), stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis; provided, however, that specialty fertilizers may be guaranteed in fractional units of less than 1 percent of total nitrogen, available phosphoric acid, and soluble potash; and provided, further, that fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

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(10) `Guaranteed analysis' means the minimum percentage of primary plant nutrients claimed in the following order and form: (A) Total nitrogen (N) Percent (%) Available phosphoric acid (P2O5) Percent (%) Soluble potash (K2O) Percent (%) (B) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid degree of fineness, or both, may also be guaranteed. (C) Secondary and micro plant nutrients, if added or claimed, shall be guaranteed in elemental form and shall be a part of the guaranteed analysis immediately following guarantees for primary plant nutrients. Guarantees shall be in the following order, and sources (oxides, sulfates, salts, chelates, etc.) of nutrients must be shown on the label. Except for guarantees for those water soluble nutrients labeled for hydroponic or continuous liquid feed programs, the minimum percentages which will be accepted are as follows: ELEMENTS PERCENT Calcium (Ca) 1.0000 Magnesium (Mg) 0.5000 Sulfur (S) 1.0000 Boron (B) 0.0200 Chlorine (C1) 0.1000 Cobalt (Co) 0.0005 Copper (Cu) 0.0500 Iron (Fe) 0.1000 Manganese (Mn) 0.0500 Molybdenum (Mo) 0.0005 Sodium (Na) 0.1000 Zinc (Zn) 0.0500 (11) `Gypsum, land plaster, or crude calcium sulfate' means the product consisting chiefly of calcium sulfate with combined water (CaSO4.2H2O) which is incapable of neutralizing soil acidity. It shall contain not less than 70 percent (CaSO4.2H2O).

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(12) `Investigational allowance' means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer. (13) `Label' means the display of all written, printed, or graphic matter on or attached to the immediate container or, in the case of a bulk commercial fertilizer, a statement accompanying the lot of commercial fertilizer. (14) `Labeling' means all written, printed, or graphic matter upon or accompanying any commercial fertilizer or advertisements, brochures, posters, and televisions and radio announcements used in promoting the sale of such commercial fertilizer. (15) `Licensee' means the person who guarantees commercial fertilizer and receives a plant food license to distribute commercial fertilizer under the provisions of this article. (16) `Lot' means that amount of commercial fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under this article, the term `lot' means that amount of commercial fertilizer included in a single delivery. The amount of commercial fertilizer in such delivery shall be deemed deficient and subject to the penalties provided by law, provided that at least 20 percent of such delivery is on hand at the time the official sample is drawn. (17) `Mixed fertilizer' means a commercial fertilizer containing any mixture of more than one fertilizer material. (18) `Mobile mixing equipment' means any compart mented equipment used to mix two or more plant nutrients not previously mixed at the time of application. The use of mobile mixing equipment is prohibited except as authorized by the Commissioner in writing in special cases. (19) `Official sample' means any sample of commercial fertilizer taken by the Commissioner or his agent and designated `official' by the Commissioner.

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(20) `Percent' or `percentage' means the percentage by weight. (21) `Person' includes an individual, partnership, association, firm, corporation, or any combination thereof. (22) `Plant nutrient' means that portion of a commercial fertilizer recognized by the Commissioner as being agronomically or horticulturally useful in promoting plant growth. (23) `Primary plant nutrients' includes total nitrogen (N), available phosphoric acid (P2O5), and water soluble potash (K2O). (24) Secondary or micro plant nutrients' means any elements or substances useful in promoting plant growth, other than the plant food nutrients defined in paragraph (23) of this Code section. (25) `Specialty fertilizer' means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. The term `specialty fertilizer' also includes any commercial fertilizer distributed in packages having a net weight of 16 ounces or less and designed primarily for use on household plants. (26) `Ton' means a net weight of 2,000 pounds avoirdupois. (27) `Unit' of a plant nutrient means 20 pounds or 1 percent of a ton. (28) `Unmanipulated manure' means the excreta of animals or fowl when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary, or feeding purposes for such animals or fowl or for the preservation of the manure. 2-12-3. This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration,

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the Commissioner may use any employee of the Georgia Department of Agriculture. 2-12-4. (a) Each person whose name appears on the label of a commercial fertilizer or who is responsible for guaranteeing commercial fertilizer must obtain a plant food license from the Commissioner before distributing such products in Georgia. Any person who distributes bulk commercial fertilizer is responsible and, therefore, is required to have a plant food license, unless he has the expressed written consent of another licensee to distribute such licensee's product using the licensee's name and labeling and accepting responsibility for such products. All licenses shall expire on June 30 of each year. The application for a license shall be submitted to the Commissioner on forms furnished by the Commissioner. Upon approval by the Commissioner, a copy of the license shall be furnished to the applicant. A new licensee shall pay a license fee of $50.00. Thereafter, the license fee shall be based on the annual plant food tonnage for the previous fiscal year ending June 30 sold to nonlicensees in Georgia by the licensee in accordance with the following schedule: Tonnage Volume of Fertilizer Licensee License Fee 05,000 tons $ 50.00 5,00125,000 tons 100.00 More than 25,000 tons 200.00 A license must be renewed annually and fees shall be paid by July 1 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations. Such license may be revoked for cause, after due notice and hearing, for a violation of this article or any rules or regulations adopted by the Commissioner pursuant to this article. (b) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label. An application for registration for each brand and product name of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 per

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each grade of each brand. Such fee shall be submitted with the registration and a renewal fee of $50.00 shall be due each July 1. No registration fee is required on specialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registrations shall be considered permanent so long as no changes or deviations are made in the labels of such products. 2-12-5. (a) No superphosphate containing less than 18 percent available phosphoric acid (P2O5) nor any mixed fertilizer in which the guarantees for the nitrogen (N), available phosphoric acid (P2O5), and potash (K2O) total less than 20 percent shall be distributed in this state, except for liquid plant food products to be used directly in irrigation systems or complete fertilizers branded for use on tobacco. Such tobacco fertilizers shall be labeled in accordance with regulations specifically covering tobacco fertilizers. (b) Specialty fertilizers may be permitted to deviate from the requirements of subsection (a) of this Code section; however, each brand and grade shall be submitted for registration prior to being offered for sale and its approval for registration shall be based on the merit of and intended use of the product. Such products shall not deviate more than 10 percent from the minimum requirements set forth in subsection (a) of this Code section, provided that specialty products which do deviate more than 10 percent from the minimum primary plant nutrient requirements above may be approved for registration based upon satisfactory proof that the product would be agronomically or horticulturally useful in promoting plant growth when used at the recommended application rates. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that such data be developed from tests conducted under conditions identical to or closely related to those present in Georgia. The Commissioner may reject any data not developed under such conditions and may rely on the advice of personnel of the University of Georgia Experiment Stations or other personnel of the University System of Georgia in evaluating data for registration. Specialty fertilizer which is distributed in packages having a net weight of 16 ounces or less and designed primarily for use on household plants shall be exempt from the above-stated requirements of this subsection.

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2-12-6. Every nonresident licensee, at the time of licensing and before distributing his plant food product or products in this state, shall comply with Chapter 5 of this title, the `Department of Agriculture Registration, License, and Permit Act.' 2-12-7. (a) All commercial fertilizer distributed in this state in containers shall have a label placed on or affixed to the container, setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade, provided that the grade shall not be required when no primary nutrients are claimed; (3) Guaranteed analysis; (4) Name and address of the licensee, provided that where the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee); and (5) The source from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised. (b) For commercial fertilizer distributed in bulk, the information required by subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery. 2-12-8. (a) It shall be the duty of the Commissioner, who may act through his authorized agent, to sample, inspect, make analyses of, and test commercial fertilizers distributed within this state at any time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this article. The Commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours, in order to have access to commercial

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fertilizers subject to provisions of this article and the regulations pertaining to this article and to the records relating to its distribution. (b) The methods of sampling and analysis shall be those adopted by the Commissioner by regulations from sources such as the Association of American Plant Food Control Officials (AAPFCO) and the Association of Official Analytical Chemists (AOAC). In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Commissioner may adopt such appropriate methods from other sources by regulation. (c) In determining for administrative purposes whether any commercial fertilizer is deficient in plant nutrients, the Commissioner shall be guided solely by the official sample, as defined in paragraph (19) of Code Section 2-12-3 and obtained and analyzed as provided for in subsection (b) of this Code section. (d) The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the Commissioner as provided by regulation. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report. 2-12-9. (a) There shall be paid to the Commissioner for all commercial fertilizer distributed in this state to nonlicensees, an inspection fee at the rate of 30 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee. (b) Each licensee distributing commercial fertilizer in this state shall file with the Commissioner a monthly statement of the total tons of commercial fertilizer sold by him in this state to nonlicensees for the monthly period ending on the last day or last accounting day of each month. This and such other information as the Commissioner may require by regulations shall be supplied on forms furnished by the Commissioner or shall be in other suitable form acceptable to the Commissioner. The tonnage of commercial fertilizer sold during such month in packages weighing ten pounds and less, although not subject to the inspection fee, shall also be shown as a subtotal and included in the total

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tonnage. Such forms shall be filed on or before the twentieth day of the month following the report period. The inspection fee provided in subsection (a) of this Code section shall be paid upon the tonnage reported in such statement. If the fee owed is less than $10.00, the licensee shall accumulate the monthly fees owed until at least $10.00 is owed. If the accumulated fees owed for the entire fiscal year (July through June) are not $10.00, the total amount owed shall be paid in full with the June tonnage report. A monthly tonnage report is required even if no reportable tonnage has been sold. If a tonnage report is not filed or the payment of any inspection fee due is not made by the twentieth day of the month following the report period, a late collection fee in the amount of 10 percent of the amount due, with a minimum fee of $10.00, shall be assessed against the licensee. If, after due notification by certified mail with return receipt requested to the licensee, the penalty is not paid by the second month after the twentieth day of the month following the report period, the penalty due shall double for each subsequent month for a maximum of six months. An assessed penalty which remains unpaid for six months shall constitute cause for the revocation of all registrations and licenses. Any fees owed shall constitute a debt to be collected by the Commissioner and may become the basis for legal action against the licensee. (c) When more than one person is involved in the distribution of a commercial fertilizer, the licensee who finally distributes to a nonlicensee shall be responsible for reporting the tonnage and paying the inspection fees. 2-12-10. (a) Total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O) . (1) If the analysis of the official sample shows that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances set forth in this subsection, the penalty shall be 10 percent of the guaranteed commercial value plus (when the found commercial value is less than the guaranteed commercial value) two times the difference in the found commercial value and the guaranteed commercial value. (2) Where there is no deficiency in primary plant nutrients beyond the investigational allowances set forth in

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this subsection, but where the found commercial value of the sample is not at least 97 percent of the guaranteed commercial value, the penalty for the lot sampled shall be four times the difference between the found commercial value and the guaranteed commercial value of the sample. (3) Notwithstanding any provisions of this Code section, the investigational allowances for the primary plants nutrients listed below shall be as follows: Guaranteed Percent Total Nitrogen Percent Available Phosphoric Acid, Percent Soluble Potash Percent 04 or less 0.49 0.67 0.41 05 0.51 0.67 0.43 06 0.52 0.67 0.47 07 0.54 0.68 0.53 08 0.55 0.68 0.60 09 0.57 0.68 0.65 10 0.58 0.69 0.70 11-12 0.61 0.69 0.79 13-14 0.63 0.70 0.87 15-16 0.67 0.70 0.94 17-18 0.70 0.71 1.01 19-20 0.73 0.72 1.08 21-22 0.75 0.72 1.15 23-24 0.78 0.73 1.21 25-26 0.81 0.73 1.27 27-28 0.83 0.74 1.33 29-30 0.86 0.75 1.39 31 or more 0.88 0.76 1.44 (b) Chlorine in tobacco fertilizer. If the chlorine content of any lot of fertilizer branded for tobacco is more than five-tenths of 1 percent greater than the maximum amount guaranteed, a penalty shall be assessed equal to 10 percent of the guaranteed commercial value of the fertilizer for each additional five-tenths of 1 percent, or fraction thereof, of chlorine in excess, or fraction thereof. (c) Nitrate nitrogen. A penalty of 5 percent of the guaranteed commercial value of the total nitrogen content shall be assessed if the deficiency exceeds 10 percent of the claimed nitrate nitrogen.

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(d) Secondary and micro nutrients. An investigational allowance of 25 percent of the guarantee shall be allowed, up to a maximum of one-half unit of the guaranteed element for all elements stated in subparagraph (C) of paragraph (6) of Code Section 2-12-2. If the official sample shows that a commercial fertilizer is deficient in one or more of the secondary and micro nutrients, beyond the investigational allowance as provided in subsection (e) of this Code section, a penalty of $5.00 per ton per element deficient shall be assessed, provided that if two or more elements guaranteed are deficient, a maximum of $10.00 per ton shall be assessed. (e) Payment of penalties. All penalties must be paid within 31 calendar days after notice of assessment is made. Penalties are assessed to the licensee and must be paid to the consumer through the Commissioner by check, or in case of indebtedness of the consumer to the seller, a credit memorandum. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the licensee's license. (f) Alteration of content by nonlicensee. If a penalty is incurred as a result of a nonlicensee altering, either intentionally or nonintentionally, the content of a commercial fertilizer shipped to him by a licensee in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the licensee, the Commissioner is empowered to relieve the licensee of the liability for payment of the penalty and in lieu thereof assess the penalty against the nonlicensee who altered the commercial fertilizer, in the same manner and under the same conditions as provided by this article for assessing penalties against a licensee. 2-12-11. No person shall distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded: (1) If its labeling is false or if any misleading statements, oral or written, concerning its plant nutrient content are made in any advertising matter accompanying or associated with the commercial fertilizer; (2) If it is not labeled as required in Code Section 2-12-7 and in accordance with regulations prescribed under this article; or

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(3) If it purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms, such as, but not limited to, those issued by the Association of American Plant Food Control Officials. 2-12-12. No person shall distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the lable or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown on the label; (2) If its composition falls below or differs from that which it is purported to possess by its labeling; or (3) If it contains unwanted crop seed or weed seed. 2-12-13. The Commissioner is authorized to determine whether an ingredient listed on the label or otherwise advertised as an ingredient and used in the mixing of any commercial fertilizer contributes to plant growth. If any such ingredient is found to be worthless, harmful, or deceptive, he may prohibit its use or require that it be deleted from the label. 2-12-14. (a) If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such commercial fertilizer, within 30 days after official notice from the Commissioner, shall submit to the consumer a penalty payment of four times the commercial value of the actual shortage. (b) If any commercial fertilizer sold or offered for sale is found by the Commissioner to be short of the guaranteed weight, the licensee shall adjust the invoice to the weight of the lowest found unit.

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2-12-15. Nothing in this article shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of commercial fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of commercial fertilizer to licensees. 2-12-16. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and, after a public hearing following due public notice, to enforce such reasonable rules and regulations relating to the distribution of commercial fertilizers as he finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of commercial fertilizer. 2-12-17. The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license, upon satisfactory evidence that the licensee has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No license shall be revoked or denied or no registration shall be cancelled or refused until the licensee or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the Commissioner or his authorized representative. 2-12-18. The Commissioner may issue and enforce a written or printed `stop sale, stop use, or removal' order to the owner or custodian of any lot of commercial fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this article unit the law has been complied with and said commercial fertilizer is released in writing by the Commissioner, or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. 2-12-19. Any lot of commercial fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commissioner to the court of competent jurisdiction

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in the area in which such commercial fertilizer is located. If the court finds such commercial fertilizer to be in violation of this article and orders the condemnation of such commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state, provided that in no instance shall the disposition of such commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such commercial fertilizer or for permission to process or relabel such commercial fertilizer to bring it into compliance with this article. 2-12-20. The Commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond. 2-12-21. (a) If it shall appear from the examination of any commercial fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' If it appears, after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. (b) Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner or his representative to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he believes that the public interest will be best served by a suitable notice of warning in writing or other methods.

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(d) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. STATE TOLLWAY AUTHORITYLOANS; BONDS. Code Section 32-10-91 Amended. No. 444 (House Bill No. 758). AN ACT To amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, is amended by striking Code Section 32-10-91, relating to the sale of bonds by public competitive bidding and the determination of sale price and interest rate, in its entirety and substituting in lieu thereof a new Code Section 32-10-91 to read as follows:

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32-10-91. The authority may authorize by resolution the following: the obtaining of loans; the issuance and sale of notes; and the issuance and sale of bonds. The foregoing obligations may be offered at public or private sale in such manner and for such interest rate and at such price as the authority may determine to be in the best interests of the authority and the state, provided that any offering is subject to the review and approval of the Georgia State Financing and Investment Commission pursuant to the provisions of Article 2 of Chapter 17 of Title 50. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. STATE EMPLOYEES' HEALTH INSURANCE PLANGEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY; COVERAGE OF EMPLOYEES. Code Section 45-18-7.4 Enacted. No. 445 (House Bill No. 768). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employees and retiring employees of the authority and their spouses and dependent children; to provide for regulations; to provide for contributions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 45-18-7.3, a new Code Section 45-18-7.4 to read as follows: 45-18-7.4. The board is authorized to contract with the Georgia Hazardous Waste Management Authority for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of the Georgia Hazardous Waste Management Authority and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia Hazardous Waste Management Authority to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of the Georgia Hazardous Waste Management Authority to make the employer contributions required for the operation of such plan or plans. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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INSURANCEASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE ACT; ENACTMENT; REPORTS. Code Sections 33-24-60 through 33-24-67 Enacted. No. 446 (House Bill No. 813). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for an impact assessment of legislative proposals mandating health insurance benefits; to provide for a short title; to provide for legislative intent; to provide a definition; to provide for standards for assessing the impact of a mandated insurance coverage; to provide that the Commissioner of Insurance may conduct hearings and shall submit reports to the Governor and presiding officers of both houses of the General Assembly; to provide for promulgation of rules and regulations by the Commissioner of Insurance; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by designating Code Sections 33-24-1 through 33-24-51 as Article 1 and by adding a new Article 2 to read as follows: ARTICLE 2 33-24-60. This article shall be known and may be cited as the `Assessment of Proposed Accident and Sickness Insurance Coverage Act.' 33-24-61. It is the intent of the General Assembly to encourage health care cost containment while preserving the quality of care offered to citizens of this state. The General Assembly finds that there is an increasing number of proposals which mandate that certain health insurance benefits be provided by insurers as components of individual

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and group accident and sickness insurance policies. The General Assembly further finds that many of these health insurance benefits provide beneficial social and health consequences which may be in the public interest. However, the General Assembly also recognizes that most mandated health insurance benefits contribute to the increasing cost of accident and sickness insurance premiums. Therefore, it is the intent of the General Assembly to conduct a systematic review of proposed mandated or mandatorily offered health insurance benefits and to establish guidelines for such a review. This review will assist the General Assembly in determining whether mandating a certain health insurance benefit is in the public interest. 33-24-62. As used in this article, the term `health insurance benefit bill' means any legislative proposal which either mandates the inclusion of certain benefits, coverages, or reimbursements for covered health care services in accident and sickness insurance policies or provides for the mandatory offering of such benefits, coverages, or reimbursements in accident and sickness insurance policies. 33-24-63. (a) Every health insurance benefit bill, to be determined by the presiding officer of the House of Representatives or the Senate, shall be subject to review by the General Assembly prior to enactment as provided in this article. The Clerk of the House or the Secretary of the Senate shall deliver such bill or bills to the Commissioner of Insurance within five days after such legislation has been read for the first time. (b) The Commissioner of Insurance shall issue a report on each health insurance benefit bill which assesses, if possible, the financial effects of the health insurance benefit proposed in such bill. The Commissioner, upon completion of said report, shall deliver a copy thereof to the Governor and to the presiding officer of both houses of the General Assembly. 33-24-64. The report required under Code Section 33-24-63 assessing the impact of a health insurance benefit bill shall address the financial impact of such legislation by obtaining, at the minimum and to the extent that the information is available, the following: (1) To what extent will the benefit increase or decrease the cost of the treatment or service;

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(2) To what extent will the benefit increase the appropriate uses of the treatment or service; (3) To what extent will the benefit be a substitute for a more expensive treatment or service; (4) To what extent will the benefit increase or decrease the administrative expense of insurers or premium of the policyholders; and (5) The impact of this coverage on the total cost of insurance premiums or health care to health insurance policyholders, including the impact of all indirect costs, which are costs other than premiums and administrative costs, on the question of benefit costs and benefits of coverage. 33-24-65. The Commissioner of Insurance, upon receiving a certified copy from the Clerk of the House or the Secretary of the Senate of the bill or bills as provided in Code Section 33-24-63, may in his discretion convene a public hearing within ten calendar days after receipt in order to obtain any information necessary to allow the Commissioner a basis upon which to prepare the report required by this article. If the Commissioner convenes a public hearing, he shall give such notice as is reasonable under the circumstances and, in all other respects, shall conduct such hearing in accordance with Chapter 2 of this title. 33-24-66. (a) The Commissioner shall compile all evidence, testimony, and information necessary to prepare the report required by Code Section 33-24-63. The Commissioner may include in this report studies, reviews, or evaluations of similar legislation completed by other states or any department of the government of the United States of America and any evaluations performed by the staff of the Department of Insurance. (b) Within 20 days of the date of receipt of the health insurance benefit bill, the Commissioner shall issue the report required in Code Section 33-24-63. If a public hearing was conducted, the report shall contain a concise statement of the information revealed at the public hearing and may include copies of any document or documents presented at the public hearing and any other information deemed necessary by the Commissioner.

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33-24-67. The Commissioner shall promulgate all rules and regulations necessary or appropriate to the administration and enforcement of this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. FIRE PROTECTION AND SAFETYBLASTING OR EXCAVATING NEAR UNDERGROUND GAS PIPES OR UTILITY FACILITIES; REVOCATION OF PROFESSIONAL OR OCCUPATIONAL LICENSES, CERTIFICATES, OR REGISTRATIONS. Code Section 25-9-13 Amended. No. 447 (House Bill No. 833). AN ACT To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to provide that a person who violates certain requirements of a law shall be subject to having any professional or occupational license, certificate, or registration issued by the state revoked or suspended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, is amended by striking in its entirety Code Section 25-9-13, relating to penalties for violations of chapter, and inserting in lieu thereof a new Code Section 25-9-13 to read as follows:

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25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punished by payment of a fine of $1,000.00 for the first offense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases. (b) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for: (1) Any cost incurred by the utility in repairing or replacing its damaged facilities; or (2) Any injury or damage to persons or property resulting from damaging the underground gas pipe or other utility facilities. Any such person shall also indemnify the affected utility against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipe or other utility facilities. (c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6. (d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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HUMAN RESOURCESSERVICE OF ACTIONS AGAINST THE DEPARTMENT, BOARD, OR COMMISSIONER. Code Section 49-2-15 Enacted. No. 448 (House Bill No. 864). AN ACT To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Resources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Resources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof or in which the department could be held responsible for damages; to provide for the procedures and requirements for such service; to provide that such requirements shall be cumulative; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Resources, and the commissioner of human resources, is amended by adding at the end thereof a new Code Section 49-2-15 to read as follows: 49-2-15. When any action is brought against the Department of Human Resources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of

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process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice. Section 2 . This Act shall become effective on July 1, 1989, and shall apply to all actions filed on or after such date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. PROPERTYRECORDING CANCELED AND SATISFIED MORTGAGES AND DEEDS TO SECURE DEBT; CANCELING LOST SECURITY DEEDS; FEES OF CLERKS. Code Sections 15-6-77, 44-14-4, and 44-14-67 Amended. No. 449 (House Bill No. 898). AN ACT To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to provide for additional information when canceling a security deed when the original is lost; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to change certain fees; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, is amended by striking Code Section 44-14-4 which reads as follows: 44-14-4. Any mortgagor who has paid off his mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled; and the clerk shall record the order across the face of the record or shall record the order in the deed records of his county and make a notation on the record of the mortgage to indicate where the order is recorded and shall write, either across the face of the record of the mortgage or on the page of the record, the word `satisfied' and the date of the entry and shall sign his name thereto officially., and inserting in lieu thereof a new Code Section 44-14-4 to read as follows: 44-14-4. Any mortgagor who has paid off his mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. After payment of the fee authorized by law, the clerk shall index and record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall record across the face of the mortgage instrument the words `satisfied' and `canceled' and the date of the entry and shall sign his name thereto officially. The clerk shall also make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded.

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Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 44-14-67, relating to cancellations of security deeds, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Cancellation of a security deed, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the record holder of the security deed and meeting the requisites for recordation, which document shall be in substantially the following form:

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Section 3 . Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, is amended by striking paragraph (2) of subsection (c) thereof and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each.....3.50 Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. MENTAL HEALTHALCOHOLICS AND INTOXICATED PERSONS; TREATMENT; EFFECTIVE DATE OF LAW. Code Section 37-8-53 Amended. No. 450 (House Bill No. 4). AN ACT To amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, is amended by striking Code Section 37-8-53, relating to the effective date of certain articles in Chapter 8, and inserting in its place a new Code section to read as follows:

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37-8-53. Articles 1, 2, and 3 of this chapter shall not become effective until July 1, 1995. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. AGRICULTURELIMITATION OF LIABILITY OF FARMERS IN FERTILIZER, PLANT GROWTH REGULATOR, AND PESTICIDE CONTAMINATION CASES. Code Section 2-7-170 Amended. No. 451 (House Bill No. 11). AN ACT To amend Code Section 2-7-170 of the Official Code of Georgia Annotated, relating to the limitation of the liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases, so as to remove the limitation on liability under Title 12 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 2-7-170 of the Official Code of Georgia Annotated, relating to the limitation of the liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

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(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, 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, 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 viollated, or that warnings or limitations regarding the application or use were ignored; and (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. Secton 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. SALES AND USE TAXESJOINT COUNTY AND MUNICIPAL SALES AND USE TAXES; AUTHORITY FOR TEMPORARY INCREASE REPEALED. Code Section 48-8-82.1 Repealed. No. 452 (House Bill No. 45). AN ACT To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to abolish the authority granted to certain jurisdictions to provide for a temporary increase in the rate of taxation; to provide for the continuing levy of previously authorized increased taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, is amended by repealing in its entirety Code Section 48-8-82.1 which reads 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

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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 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If on such effective date the rate of taxation under Article 2 of Chapter 8 of Title 48 has been increased from 1 percent to 2 percent under the authority of former Code Section 48-8-82.1, or if on such date all proceedings have been completed so as to authorize such an increase in the rate of taxation in any special district, then in such special district such increased rate of taxation shall be effective for the period of time specified by former Code Section 48-8-82.1. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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GAME AND FISHGEORGIA WATERFOWL STAMPS; FEES; WATERFOWL STAMP FUND. Code Sections 27-1-6, 27-2-6, and 27-2-23 Amended. No. 453 (House Bill No. 56). AN ACT To amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Georgia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 27-2-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp; to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to license, permit, and stamp fees, so as to establish fees for official Georgia waterfowl stamps; 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 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by striking paragraph (10) in its entirety and inserting in its place a new paragraph (10) to read as follows: To develop an official waterfowl stamp for the State of Georgia and to issue such stamp to any interested person and to contract with any person granting such person the right to reproduce and market the official waterfowl stamp in stamp, print, poster, or such other form as the department shall determine and to contract with any person for the purpose of promoting, supporting, or otherwise assisting any waterfowl program of the department, including, but not limited to, public education; research; acquisition of wetlands; and management, development, and protection of waterfowl programs; provided, however, that not more than 15 percent of the funds retained by the

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department, if any, shall be used for law enforcement activities. The department is authorized to establish a special fund to be known as the `Waterfowl Stamp Fund.' This fund shall consist of all moneys paid to the department as royalties, all moneys derived from the sale of any official waterfowl stamp, and all moneys contributed to the fund for the purposes provided in this paragraph and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and may expend moneys held in the fund in furtherance of the purposes provided in this paragraph. Moneys paid into this fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriate for these purposes. As used in this paragraph, the term `waterfowl' means any species of ducks, swans, or geese. Section 2 . Code Section 27-2-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 27-2-6 to read as follows: 27-2-6. (a) It shall be unlawful for any resident of this state who has attained the age of 16 years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated in this title as trout waters or trout streams unless such person has in his possession a trout stamp attached to his sport fishing license with the name of such person signed across the face of the stamp. (b) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt or possess big game unless such person has in his possession a big game license in addition to the required hunting license, provided that, if the affidavit required by subsection (c) of Code Section 27-2-1 has been filed with the department, it shall not be unlawful for a nonresident who owns at least 50 acres of land in this state, and the immediate family of the nonresident, to hunt big game on the land without purchasing a big game license. (c) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of

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age, to hunt ducks, geese, or swans unless such person has in his possession an official Georgia waterfowl stamp in addition to the required hunting license, provided that, if the affidavit required by subsection (c) of Code Section 27-2-1 has been filed with the department, it shall not be unlawful for a nonresident who owns at least 50 acres of land in this state, and the immediate family of the nonresident, to hunt ducks, geese, or swans on the land without purchasing an official Georgia waterfowl stamp. (d) No resident of this state shall be required to obtain a trout stamp, official Georgia waterfowl stamp, or big game license to hunt, fish, or trap on premises owned by him or his immediate family. (e) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout stamp when fishing in impounded waters on lands owned or leased by the department. Section 3 . Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to license, permit, and stamp fees, is amended by adding two new subparagraphs (K) and (L) at the end of paragraph (1) to read as follows: (K) Resident waterfowl stamp Season 5.50 (L) Nonresident waterfowl stamp Season 5.50 Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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PHARMACIESPERMITS FOR PHARMACIES OPERATED BY COLLEGES OF PHARMACY. Code Section 26-4-120.1 Enacted. No. 454 (House Bill No. 58). AN ACT To amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issuance of a special pharmacy permit for pharmacies operated by colleges of pharmacy and provide for rules and regulations 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 . Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new Code Section 26-4-120.1 to read as follows: 26-4-120.1. (a) A pharmacy located within and owned and operated by a college of pharmacy in this state may apply to the board for a special pharmacy permit, which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educational or research purposes. The application shall include the name of a registered pharmacist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit. (b) A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs.

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(c) The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. INSURANCEGEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT; NOTICES OF CANCELLATION OR REINSTATEMENT; SUSPENDED DRIVER'S LICENSE, TAG, AND TAG REGISTRATION. Code Sections 33-34-11, 33-34-12.1, and 33-34-12.3 Amended. No. 455 (House Bill No. 99). 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 clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department; to provide for notices of reinstatement to be sent to the department; to provide for that a person whose driver's license or driver's license, tag, and tag registration have been suspended by the department shall surrender such items to any member of the Georgia State

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Patrol or any peace officer upon demand; to allow for the issuance of a restricted driving permit if a person's driver's license has been suspended as a result of failure to respond to a notice from the Department of Public Safety regarding cancellation of insurance coverage or for admitting on such notice that the required insurance coverage is not in effect; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by striking subsection (a) of Code Section 33-34-11, relating to notices and procedures to be followed upon the cancellation of insurance, and inserting in its place a new subsection (a) to read as follows: (a) In cases in which the minimum insurance required by this chapter is canceled, the insurer, within 15 days after the effective date of the cancellation, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. In the event a canceled policy is reinstated by the insurer without a lapse in coverage and such reinstatement occurs after the insurer has notified the department of the cancellation, the insurer, within five days after the date the policy was reinstated, shall notify the department in the form specified by the department of such reinstatement. For the purposes of aiding in the enforcement of this chapter, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. For the purposes of this Code section, cancellation shall be defined by regulation of the Department of Public Safety. Section 2 . Said chapter is further amended by striking subsections (b) and (d) of Code Section 33-34-12.1, relating to the duty to forward a suspended driver's license, license tag, and tag registration to the department, and inserting in their respective places new subsections (b) and (d) to read as follows: (b) If such driver's license and, where applicable, license tag and tag registration are not received by the department

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within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the Department of Public Safety. The person whose driver's license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any member of the Georgia State Patrol or any peace officer upon demand. (d) Any person violating subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 33-34-12.3, relating to the issuance of restricted driving permits, in its entirety and inserting in its place a new subsection (a) to read as follows: (a) A person whose driver's license has been suspended pursuant to Code Section 33-34-11 or as a result of a conviction under Code Section 33-34-12 may apply to the Department of Public Safety 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 of Public Safety for a restricted driving permit immediately following the conviction. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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SOLID WASTE MANAGEMENT ACTPERMITS FOR PRIVATE SOLID WASTE DISPOSAL SITES IN COUNTIES OF MORE THAT 350,000 AND WITHIN TWO MILES OF AN ADJOINING COUNTY. Code Section 12-8-28.1 Amended. No. 456 (House Bill No. 102). AN ACT To amend Code Section 12-8-28.1 of the Official Code of Georgia Annotated, relating to limitations on the issuance of permits for solid waste disposal sites within certain counties, so as to provide that until after a certain date no permit shall be issued for a private 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 the site is within two miles of an adjoining county without the approval of the governing authority of the adjoining county; to provide for definitions and exceptions; 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 . Code Section 12-8-28.1 of the Official Code of Georgia Annotated, relating to limitations on the issuance of permits for solid waste disposal sites within certain counties, is amended by adding immediately following paragraph (1) of subsection (a) a new paragraph (1.1) to read as follows: (1.1) Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal site in any county of this state 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 the disposal site is within two miles of an adjoining county without the applicant's first receiving express approval of the governing authority of the adjoining county. As used in this paragraph, the term `private applicant' means any private person, firm, corporation, or other private

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entity, and the term does not mean or include the United States government or any agency thereof, the State of Georgia or any agency, institution, or public authority thereof, or any county or municipality of this state. As used in this paragraph, the term `solid waste disposal site' shall not mean or include any solid waste disposal facility which incorporates waste to energy processing or recycling or activities associated with the recycling process or any combination of the foregoing. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCILEXECUTIVE DIRECTOR; INVESTIGATORS; SUBPOENAS. Code Section 35-8-6 Amended. No. 457 (House Bill No. 125). AN ACT To amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training requirements for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators; to provide that investigators shall have access to certain documents; to authorize the chairman or executive director of the council to issue subpoenas to compel access to certain documents; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, is amended by striking in its entirety subsection (c), which reads as follows: (c) The executive director is authorized to appoint certain investigators with the power of arrest for the purpose 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., and inserting in lieu thereof a new subsection (c) to read as follows: (c) The executive director is authorized to appoint certain investigators for the purpose of carrying out the provisions of this chapter. The executive director and persons so appointed shall meet all employment and training requirements of this chapter as for all other peace officers and shall have all of the powers of other peace officers. Any investigator of the council shall have access to and may examine any writing, document, or other material which is deemed by the chairman of the council to be related to the fitness of any peace officer or applicant to practice as a peace officer. The chairman or executive director of the council may issue subpoenas to compel such access. When a subpoena is disobeyed, the council may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MOTOR VEHICLES AND TRAFFICSCHOOL CROSSING GUARDS; POWERS. Code Section 20-2-1131 Enacted. Code Section 40-6-2 Amended. No. 458 (House Bill No. 128). AN ACT To amend Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety, so as to authorize school-crossing guards to direct and regulate the flow of traffic at school crossings or within a reduced speed school zone; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, so as to require obedience to lawful orders or directions of school-crossing guards invested by law with authority to direct, control, or regulate traffic; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety, is amended by adding at the end thereof a new Code Section 20-2-1131 to read as follows: 20-2-1131. Any person who is a school-crossing guard designated by a local law enforcement agency shall be authorized to direct and regulate the flow of traffic at school crossings or within a reduced speed school zone during the time when such school-crossing guard is on duty. Section 2 . Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, is amended by striking in its entirety Code Section 40-6-2, relating to obedience to authorized persons directing traffic, and inserting in lieu thereof a new Code Section 40-6-2 to read as follows:

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40-6-2. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, fireman, or school-crossing guard designated by a local law enforcement agency invested by law with authority to direct, control, or regulate traffic. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. STATE PARKS, HISTORIC SITES, AND RECREATIONAL AREASDISABLED VETERANS; FEES. Code Section 12-3-9.1 Enacted. No. 459 (House Bill No. 129). AN ACT To amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use or occupancy of such facilities by disabled veterans; 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 . Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, is amended by adding immediately following Code Section 12-3-9 a new Code Section 12-3-9.1 to read as follows:

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12-3-9.1. (a) As used in this Code section, the term: (1) `Disabled veteran' means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resident of the State of Georgia. (2) `Fee' means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and specifically includes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities. (b) Any disabled veteran may apply to the commissioner of veterans service for certification as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code section. The commissioner of veterans service is authorized and directed to certify such applicants as disabled veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify disabled veterans as provided in this subsection. (c) Any disabled veteran who is certified as such by the commissioner of veterans service as provided in subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recreational area operated by pursuant to the authority of the Department of Natural Resources or any division or other agency of said department. (d) The discount provided for in subsection (c) of this Code section: (1) Shall apply to rental fees for cabins, campsites, or other overnight accommodations for the disabled veteran and members of the disabled veteran's immediate family who occupy the overnight accommodations with the disabled veteran; and

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(2) Shall not apply to rental or use fees for any group facilities or accommodations. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. MOTOR VEHICLES AND TRAFFICDRIVER'S LICENSES; UNIFORM COMMERCIAL DRIVER'S LICENSE ACT; ENACTMENT; CLASSIFICATIONS OF LICENSES; NOTICES; EXAMINATIONS; CORRECTED LICENSES. Code Title 40, Chapter 5 Amended. No. 460 (House Bill No. 130). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license; to provide for a short title; to provide for intent; to provide for definitions; to provide that no person shall possess more than one driver's license; to provide for notice of convictions of motor vehicle traffic violations; to provide for notice of suspensions, revocations, and cancellations; to provide for notice to employers of previous commercial driver employment; to provide for certain employer responsibilities; to require a commercial driver's license for operation of a commercial motor vehicle; to provide for qualifications and standards; to provide for testing; to provide for exceptions; to provide for a commercial driver's instruction permit; to provide for a nonresident commercial driver's license; to provide for application for and renewal of a commercial driver's license; to provide for content of a commercial driver's license; to provide for classifications, endorsements, and restrictions; to provide for fees; to provide for a replacement license; to provide for a driver record

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search; to provide for disqualification and cancellation of a commercial driver's license; to prohibit operation of a commercial motor vehicle with any measurable alcohol in the driver's system; to provide for implied consent; to provide for release of driver license record to certain persons; to provide for rules and regulations; to authorize the department to enter into agreements to implement law; to provide for reciprocity; to provide for penalties; to define certain terms; to provide that the department shall furnish abstracts of drivers' records in accordance with the Georgia Uniform Commercial Driver's License Act; to provide that there shall be no presumption of notice by mail; to change the classifications of drivers' licenses; to provide for minimum age requirements; to provide for exemptions and restrictions; to provide for fees; to provide for validity of previously issued licenses; to provide for the time and place driver's license examinations shall be offered; to remove certain exceptions regarding expiration and retention of drivers' licenses; to require drivers to obtain corrected licenses within a certain time when changing their addresses; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, is amended by adding at the end of said chapter a new article to read as follows: ARTICLE 7 40-5-140. This article shall be known and may be cited as the `Uniform Commercial Driver's License Act.' 40-5-141. The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations; and strengthening commercial driver licensing and testing standards. This article is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article shall prevail.

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Where this article is silent, the general driver licensing provisions shall apply. 40-5-142. As used in this article, the term: (1) `Alcohol' means: (A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; (C) Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or (D) Any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol, and isopropanol. (2) `Alcohol concentration' means: (A) The number of grams of alcohol per 100 milliliters of blood; (B) The number of grams of alcohol per 210 liters of breath; or (C) The number of grams of alcohol per 67 milliliters of urine. (3) `Commerce' means: (A) Trade, traffic, and transportaion within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and

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(B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph. (4) `Commercial driver's license' (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle. (5) `Commercial Driver License Information System' (CDLIS) means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers. (6) `Commercial driver's instruction permit' means a permit issued pursuant to subsection (c) of Code Section 40-5-147. (7) `Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property: (A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F; provided, however, that for the purposes of this article, no agricultural vehicle, timber products vehicle, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term `agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to

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transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. As used in this paragraph, the term `timber products vehicle' means a vehicle used to transport timber from the forest to any log or timber processing mill. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation, shall supersede state law in authorizing the Department of Public Safety to exempt said classes. (8) `Controlled substance' means any substance so defined under Code Section 16-31-21 and includes all substances listed in Schedules I through V of 21 C. F. R. Part 1308, as they may be revised from time to time. (9) `Conviction' means a forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, regardless of whether the penalty is rebated, suspended, or probated. (10) `Disqualification' means a prohibition against driving a commercial motor vehicle. (11) `Drive' means to operate or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, `drive' includes operation or physical control of a motor vehicle anywhere in this state. (12) `Driver' means any person who drives, operates, or is in physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driver's license. (13) `Driver's license' means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle.

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(14) `Employer' means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf. (15) `Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months. (16) `Foreign jurisdiction' means any jurisdiction other than a state of the United States. (17) `Gross vehicle weight rating' (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the `gross combination weight rating' (GCWR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them. (18) `Hazardous materials' has the meaning the term has under Section 103 of the Hazardous Materials Transportation Act, Title I, Public Law 93-633, 49 U.S.C.A. App. Section 1801 et seq. (19) `Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. (20) `Nonresident commercial driver's license' means a commercial driver's license issued by a state to any individual who resides in a foreign jurisdiction.

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(21) `Out of service order' means a temporary prohibition against driving a commercial motor vehicle. (22) `Serious traffic violation' means: (A) Speeding 15 or more miles per hour above the posted speed limit; or (B) Reckless driving, as defined under state or local law. (23) `State' means a state of the United States and the District of Columbia. (24) `Tank vehicle' means any commercial motor vehicle designed to transport any liquid, powdered, or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term `tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons. (25) `United States' means the 50 states and the District of Columbia. 40-5-143. No person who drives a commercial motor vehicle shall have more than one driver's license. 40-5-144. (a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the Department of Public Safety in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived. (b) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in

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this or any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify his or her employer in writing of the conviction within 30 days of the date of conviction. (c) Each driver whose driver's license is suspended, revoked, or canceled by any state; who loses the privilege to drive a commercial motor vehicle in any state for any period; or who is disqualified from driving a commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact. (d) Each person who applies to be a commercial motor vehicle driver shall, at the time of the application, provide the employer with the following information for the ten years preceding the date of application: (1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle; (2) The dates between which the applicant drove for each employer; and (3) The reason for leaving that employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. 40-5-145. (a) Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section 40-5-144. (b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period: (1) In which the driver has a driver's license suspended, revoked, or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial motor vehicle; or

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(2) In which the driver has more than one driver's license. 40-5-146. (a) Except when driving under a commercial driver's instruction permit and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may operate a commercial motor vehicle unless the person has been issued and is in immediate possession of a commercial driver's license valid for the vehicle he or she is driving. (b) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to a disqualification, or in violation of an out of service order. 40-5-147. (a) (1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C. F. R. part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the Department of Public Safety in English only. (2) The Department of Public Safety may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that: (A) The test is the same which would otherwise be administered by the state; (B) The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C. F. R. part 383.75; and

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(C) The third party complies with all other requirements set by the Department of Public Safety by regulations. (b) The Department of Public Safety may waive the skills test and knowledge test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. part 383.77. (c) (1) A commercial driver's instruction permit may be issued to any individual who holds a valid Class C license or has passed all required tests for the operation of a Class C vehicle and is 18 years of age. (2) An applicant for the commercial driver's instruction permit must pass the vision test and all knowledge tests for the type of vehicle he intends to operate along with any knowledge test required for any desired endorsements. (3) The commercial driver's instruction permit may not be issued for a period to exceed one year. The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. (d) A commercial driver's license or commercial driver's instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all driver's licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation. 40-5-148. The Department of Public Safety may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing

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standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. The word `nonresident' must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capacility of revoking, suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state. 40-5-149. (a) The application for a commercial driver's license or commercial driver's instruction permit shall include the following: (1) The full name and current mailing and residential address of the person; (2) A physical description of the person including sex, height, weight, and eye color; (3) Full date of birth; (4) The applicant's Social Security number; (5) The person's signature; (6) The person's current photograph; (7) Certifications, including those required by 49 C.F.R. part 383-71(a); (8) Any other information required by the Department of Public Safety; and (9) Consent to release driving record information to the Commercial Driver License Information System clearing-house and whatever agent or agency the Commercial Driver License Information System deems necessary by federal requirements.

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Each application shall be accompanied by an application fee of $35.00, except for those who operate or are applying to operate a public school bus in which case there shall be no application fee. (b) When a licensee changes his or her name, mailing address, or residence, an application for a new license shall be made within 30 days of such change. The fee for such new license shall be as provided in Code Section 40-5-25. (c) No person who has been a resident of this state for 30 days or longer may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. It shall be the responsibility of the employer to notify the employee of the license issuance law of this state. (d) Except as provided in Code Section 40-5-36, relating to veterans' licenses, there shall be no exceptions to the application and licenses fees required for issuance of a commercial driver's license or a commercial driver's instruction permit. 40-5-150. (a) The commercial driver's license shall be marked `Commercial Driver's License' or `CDL,' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The person's Social Security number and any other number or identifier deemed appropriate by the Department of Public Safety; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions;

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(8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements. (b) Commercial driver's licenses may be issued with the following classifications: (1) Class A - Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds; (2) Class B - Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating; and (3) Class C - Any single vehicle with a gross vehicle weight rating of less than 26,001 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds. This classification shall apply to vehicles designed to transport 16 or more passengers, including the driver and vehicles used in the transportation of hazardous materials which require the vehicles to be placarded under 49 C.F.R., part 172, subpart F. (4) Class M - A motorcycle as defined in Code Section 40-1-1; and (5) Class P - A commercial driver's instruction permit used in conjunction with the commercial driver's instruction permit vehicle classification. (c) Commercial driver's licenses may be issued with the following endorsements and restrictions: (1) `H'- Authorizes the driver to drive a vehicle transporting hazardous materials; (2) `K'- Restricts the driver to vehicles not equipped with air brakes;

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(3) `T' - Authorizes driving double and triple trailers; (4) `P' - Authorizes driving vehicles carrying 16 or more passengers, including the driver; (5) `N' - Authorizes driving tank vehicles; and (6) `X' - Represents a combination of hazardous materials and tank vehicle endorsements. The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25. (d) The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. No person shall drive a vehicle which requires an endorsement unless the proper endorsement appears on the driver's license. (e) Before issuing a commercial driver's license, the Department of Public Safety shall obtain driving record information through the Commercial Driver License Information System, the National Driver Register (NDR), and from each state in which the applicant has been licensed within the past five years. (f) Within ten days after issuing a commercial driver's license, the Department of Public Safety shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee. (g) The commercial driver's license shall expire on the licensee's birthdate in the fourth year following the issuance of such license. (h) When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.

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40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of: (1) Any offense specified in Code Section 40-5-54; (2) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391; (3) Refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a commercial motor vehicle; or (4) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine. (b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony if such violation occurred while transporting hazardous materials. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations within a five-year period, as measured from the dates of arrests for which convictions were obtained, of any of the offenses specified in subsection (a) of Code Section 40-5-54 or Code Section 40-6-391 or 40-6-392, or any combination of those offenses, arising from two or more separate incidents. (d) The Department of Public Safety may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. (e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacturer, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

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(f) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (g) After suspending, revoking, or canceling a commercial driver's license, the Department of Public Safety shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the Department of Public Safety shall notify the licensing authority of the state which issued the commercial driver's license within ten days. 40-5-152. (a) Notwithstanding any other provision of this article, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system. (b) A person who drives, operates, or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system or who refuses to take a test under paragraph (1) of subsection (a) of Code Section 40-6-392 to determine his or her alcohol content must be placed out of service for 24 hours. 40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs. (b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system. (c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law

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enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating a private motor vehicle as provided in Code Section 40-5-55. (d) If the person refuses testing, the law enforcement officer must submit an affidavit to the Department of Public Safety within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing. (e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-55. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit. 40-5-154. Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Department of Public Safety shall notify the licensing state of such conviction. 40-5-155. Notwithstanding any other provision of law to the contrary, the Department of Public Safety shall furnish full information regarding the driving record of any person to: (1) The driver's license administrator of any other state or of any province or territory of Canada requesting that information; (2) Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and (3) Insurers upon request and payment of a fee of not less than $10.00.

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40-5-156. The Board of Public Safety may adopt any rules and regulations necessary to carry out the provisions of this article. 40-5-157. The commissioner of the Department of Public Safety or his designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article. 40-5-158. Notwithstanding any other law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license issued by any state or any province or territory of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses; if the person's license is not suspended, revoked, or canceled; and if the person is not disqualified from driving a commercial motor vehicle or subject to an out of service order. 40-5-159. (a) Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (1) By a civil penalty of $2,500.00 for each offense; and (2) By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense. (b) Any employer who reports fraudulent information to the Department of Public Safety regarding an employee's employment or experience as required under 49 C.F.R. part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. (c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The Department of Public Safety shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months.

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Section 2 . Said chapter is further amended by striking Code Section 40-5-1, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-1 to read as follows: 40-5-1. As used in this chapter, the term: (1) `Board' means the Board of Public Safety. (2) `Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation. (3) `Commissioner' means the commissioner of public safety of Georgia. (4) `Conviction' means a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated. (5) `Department' means the Department of Public Safety of Georgia. (6) `Disqualification of driver's license' means a prohibition against driving a commercial motor vehicle. (7) `Mail' means to deposit in the United States mail properly addressed and with postage prepaid. (8) `Owner' means a person other than a lienholder or security interest holder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a lien or security interest in another person, but excludes a lessee under a lease not intended as security.

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(9) `Present and future minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the commissioner 20 days' written notice prior to the effective date of the cancellation. (10) `Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a `resident': (A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or (B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days. (11) `Revocation of driver's license' means the termination by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which license shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this chapter. (12) `Suspension of driver's license' means the temporary withdrawal by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department. Section 3 . Said chapter is further amended by striking Code Section 40-5-2, relating to records to be maintained by the department, in its entirety and inserting in lieu thereof a new Code Section 40-5-2 to read as follows:

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40-5-2. (a) The department shall file every application for a license received by it and shall maintain suitable indexes containing: (1) All applications granted; and (2) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action. (b) Whenever an application for a license is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance. (c) The department shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. (d) The department shall furnish a certified abstract of a driver's operating record under the following circumstances: (1) In accordance with the written instructions of the driver upon whom the operating record has been made and compiled; (2) Pursuant to a written request, to a person who the department has reason to believe intends to use the information in connection with the underwriting of insurance involving the driver. The person who makes a written request for a driver's operating record shall identify himself and shall have certified that the information contained in the record will be used for no other purpose and that he has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; and

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(3) In accordance with the `Georgia Uniform Commercial Driver's License Act.' The abstract shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, information pertaining to financial responsibility, and any other information the department may consider pertinent. The department shall prescribe a fee for furnishing such abstract to cover the costs of administering this Code section, such fee not to exceed $10.00. Subject to subsection (e) of this Code section, any person who submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Code section shall be guilty of a misdemeanor. (e) (1) Notwithstanding any of the provisions of subsection (d) of this Code section, the department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official, law enforcement agency, or the driver's licensing agency of another state. The department may also furnish without charge at the written request of a public or private school system a copy of the abstract of any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information. It shall be unlawful for any person who receives an abstract under this subsection to disclose or make any use thereof except in performance of his judicial, quasi-judicial, or school duties. (2) Notwithstanding any provisions of subsection (d) of this Code section, the department may furnish without charge a copy of any driver's abstract to a county or independent board of education. A board of education may only request the driver's abstract of an individual seeking employment with such board as a school bus driver or of an individual employed by such board as a school bus driver and may only use such abstract for the purpose of determining whether such individual shall be or remain employed as a school bus driver. (f) (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 compilations,

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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. (g) The department may, upon request, disseminate from its records to the United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information. (h) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses, to the Department of Human Resources. Any information provided pursuant to this subsection shall be limited to only the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Chapter 11 of Title 19, known as the `Child Support Recovery Act.' Such information shall not be further disseminated for purposes other than the recovery of child support. The department is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further

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authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records. (i) Criminal justice agencies shall furnish without charge at the written request of a local fire or law enforcement department a copy of the abstract of the driving record of any applicant for employment. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department. (j) Except as otherwise provided in this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses. (k) 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 4 . Said chapter is further amended by striking Code Section 40-5-6 which reads as follows: 40-5-6. Where any provision of this chapter requires the department by certified or ordinary mail to give written notice to a person affecting such person's driver's license, the mailing of such notice to the name and address shown by department records at the time of mailing shall be presumptive evidence that such person received the required notice., in its entirety, and inserting in its place the following: 40-5-6. Reserved. Section 5 . Said chapter is further amended by striking Code Section 40-5-21, relating to exemptions from licensing, in its entirety and inserting in lieu thereof a new Code Section 40-5-21 to read as follows:

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40-5-21. The following persons are exempt from licenses under this chapter: (1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license; (2) A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country; (3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state; (4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States; (5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient; (6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business; (7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose

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as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests; (8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; and (9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 40-5-22, relating to minimum age requirements for driver licensing, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The department shall not issue any Class C or Class M driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a Class C vehicle to any person who is at least 15 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his immediate possession a valid license issued to him in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years.

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Section 7 . Said chapter is further amended by striking Code Section 40-5-23, relating to classes of licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-23 to read as follows: 40-5-23. (a) The department upon issuing a driver's license shall indicate thereon the type or general class of vehicles that the licensee may drive. (b) Subject to this chapter, the board shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as it believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualification according to the type or general class of license applied for. (c) The classes of motor vehicles for which operators may be licensed shall be as follows: Class AAny combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C; Class BAny single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C; Class CAny single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; Class MMotorcycles, motor driven cycles, and three-wheeled motorcycles;

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Class PInstructional permit applicable to all types of vehicles for which an applicant desires a driver's license, but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license. Section 8 . Said chapter is further amended by striking Code Section 40-5-24, relating to instruction permits and temporary licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-24 to read as follows: 40-5-24. (a) Any person who is at least 15 years of age may apply to the department for an instruction permit to operate a Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his immediate possession, to drive a Class C vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles. (b) Any person who is at least 16 years of age may apply to the department for a Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway, or at night. (c) Any person who is at least 18 years of age may apply to the department for an instruction permit to operate vehicles in Classes A and B. Such permits may be issued only to persons with valid Class C licenses or persons who have passed all required

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tests for a Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his immediate possession, to operate a vehicle of the appropriate class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. (d) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal. Section 9 . Said chapter is further amended by striking Code Section 40-5-25, relating to applications, fees, and records, in its entirety and inserting in lieu thereof a new Code Section 40-5-25 to read as follows: 40-5-25. (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed: (1) For instruction permits for Classes A, B, C, and M drivers' licenses $ 1.50 (2) For Classes C and M drivers' licenses 4.50 (3) For Classes A and B drivers' licenses 8.50 (4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit 35.00 (5) For instruction permits for Classes A, B, C, and M commercial drivers' licenses 8.50 (6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test 65.00 (7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test 15.00 (8) For renewal of Classes A, B, C, and M commercial drivers' licenses 8.50 (9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing 5.00 Except as provided in Code Section 40-5-36, relating to veterans' licenses, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. (b) Notwithstanding the provisions of subsection (a) of this Code section, any Class 1 or 2 license issued prior to the effective date of this article shall remain valid until its expiration unless otherwise lost, destroyed, suspended, or revoked prior to its expiration. A Class 3, 4, or 5 license shall remain valid unless lost, destroyed, suspended, revoked, or canceled, until its expiration or its earlier replacement under the `Georgia Uniform Commercial Driver's License Act.'

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(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the department may require to determine the applicant's identity, competence, and eligibility. The department shall not issue a license until a complete examination of the applicant's record has been completed. The board may issue such rules and regulations as shall be necessary for the orderly processing of license applications. Section 10 . Said chapter is further amended by striking subsection (b) of Code Section 40-5-27, relating to examination of applicants, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The department shall make provision for giving an examination either in the county where the applicant resides or at another place reasonably convenient to the applicant. The examination, with the exception of those required for a commercial driver's license, commercial driver's license permit, or Class A, B, or M license, shall be given at least once each month in each county of the state. Section 11 . Said chapter is further amended by striking subsection (c) of Code Section 40-5-31, relating to temporary permits or licenses, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) A temporary permit or license issued pursuant to this Code section shall be valid for 30 days but may be renewed in the event the applicant's new permit or license has not been received within such time. Section 12 . Said chapter is further amended by striking subsections (c) and (d) of Code Section 40-5-32, relating to expiration of licenses, which read as follows: (c) The department may defer the expiration of the license of a licensee who is on active duty in the armed forces of

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the United States and stationed outside of Georgia for a period not in excess of four years, upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such serviceman, if such person is residing with the serviceman. (d) No person applying for or requesting the renewal of any class of driver's license bearing the signature of Jimmy Carter as Governor of this state shall be required to surrender such license as a condition upon renewal of the license, nor shall any person qualifying for an operator's license be required to surrender a learner's license bearing the signature of Jimmy Carter as Governor of this state as a condition to issuance of the operator's license. If considered by the department to be necessary to protect against unlawful or fraudulent use of expired drivers' licenses retained under this Code section, the department may require such licenses to be canceled, stamped, or embossed in a reasonable manner, provided that such cancellation, stamp, or embossment shall not deface or obscure the signatures on the face of the driver's license., in their entirety. Section 13 . Said chapter is further amended by striking Code Section 40-5-33, relating to notice of change of address, in its entirety and inserting in lieu thereof a new Code Section 40-5-33 to read as follows: 40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 30 days. Section 14 . Said chapter is further amended by striking Code Section 40-5-120, relating to the unlawful use of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-120 to read as follows: 40-5-120. It is a misdemeanor for any person:

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(1) To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver's license; (2) To lend his driver's license to any other person or permit knowingly the use thereof by another; (3) To display or represent as his own any driver's license not issued to him; (4) To fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, revoked, disqualified, or canceled; (5) To permit any unlawful use of a driver's license issued to him; or (6) To do any act forbidden or fail to perform any act required by this chapter. Section 15 . Said chapter is further amended by striking Code Section 40-5-121, relating to driving while a license is suspended or revoked, in its entirety and inserting in lieu thereof a new Code Section 40-5-121 to read as follows: 40-5-121. (a) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor and, upon a first conviction thereof or plea of nolo contendere within five years, 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 punished by imprisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not more than $500.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not more than $1,000.00.

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(b) (1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the Uniform Citation. If the suspension or disqualification 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 or disqualification 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, disqualified, or revoked, shall extend the period of suspension or disqualification 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 or disqualification 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 or disqualified 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. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section. Section 16 . Said chapter is further amended by adding a new Code Section 40-5-125 to read as follows: 40-5-125. Any person who shall use a false or fictitious name in any application for a driver's license or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $200.00.

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Section 17 . This Act shall become effective upon its approval 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 April 3, 1989. HOSPITAL AUTHORITIESOPEN RECORDS. Code Section 31-7-75.2 Enacted. Code Section 50-18-72 Amended. No. 461 (House Bill No. 140). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that hospital authorities shall not be required to disclose or make public certain potentially commercially valuable information; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records for which public disclosure is not required, so as to delete certain provisions relating to certain records of hospital authorities; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by inserting immediately following Code Section 31-7-75.1 a new Code Section 31-7-75.2 to read as follows:

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31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the hospital authority governing board. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50. Section 2 . Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records for which public disclosure is not required, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (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. (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. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; POINTS FOR CERTAIN OFFENSES. Code Section 40-5-57 Amended. No. 462 (House Bill No. 146). AN ACT To amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incompetent, or dangerous drivers, so as to revise the points assessed for certain offenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incompetent, or dangerous drivers, is amended by striking in its entirety subparagraph (c)(1)(A) and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving 4 points Unlawful passing of a school bus 6 points Improper passing on a hill or a curve 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour 4 points Exceeding the speed limit by 34 miles per hour or more 6 points Disobedience of any traffic-control device or traffic officer 3 points Too fast for conditions 0 points All other moving traffic violations which are not speed limit violations 3 points Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. CRIMINAL PROCEDUREBONDS OR RECOGNIZANCES; FORFEITURE; EXECUTION HEARINGS; TIME LIMITS; FIERI FACIAS; REMISSION OF FORFEITURE. Code Sections 17-6-71 and 17-6-72 Amended. No. 463 (House Bill No. 187). AN ACT To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change

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time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear; to change the provisions relating to remission of forfeiture; to change the practices and procedures relating to forfeiture of bonds or recognizances; to repeal certain notice requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by striking subsection (a) of Code Section 17-6-71, relating to execution hearing on failure of the principal to appear, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judge shall, at the end of the court day, upon the failure to appear order an execution hearing not sooner than 75 days but not later than 100 days after such failure to appear. Notice of the execution hearing shall be served by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Section 2 . Said article is further amended by striking Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, and inserting in lieu thereof a new Code Section 17-6-72 to read as follows: 17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written and witnessed statement of a licensed physician that the principal on the bond was prevented from attending by some physical disability. (b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so

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detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written and witnessed notice of the holding institution in which the principal is being detained or confined shall be considered adequate proof of the principal's detention or confinement. Upon the presentation of such written notice to the clerk of the proper court and the prosecutor having jurisdiction over the case, along with the payment of costs by the surety to the sheriff necessary for the return of the principal, such notice shall serve as the surety's request for a detainer to be placed on the principal. Should there be a failure to place a detainer within 30 days, Saturdays, Sundays, and legal holidays included, after such presentation and payment of costs, the surety shall then be relieved of liability for the appearance bond. (c) If the prosecution does not try the charges against a defendant within a period of two years in the case of felonies and one year in the case of misdemeanors after the date of posting bond, judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the principal. (d) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the sheriff or other responsible law enforcement officer having custody or detention of the principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70, presentation of such official written notice to the court clerk and the prosecutor having jurisdiction of the case along with payment of the estimated cost necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within 30 days, Saturdays, Sundays, and

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legal holidays included, and after presentation and the payment of the estimated cost necessary to return the principal, the surety shall be relieved of the bond obligation. (e) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty. (f) On application filed within 90 days from the payment of judgment, the court shall order remission under the following conditions: (1) Provided the bond amount has been paid at any time within 90 days after judgment and the delay has not prevented the proper prosecution of the principal, upon application to the court with prior notice to the prosecutor of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made. Should the surety, within two years of the failure to appear, locate the principal causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, produce, or substantially cause the apprehension or surrender of the principal, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction where the bond was made the surety shall be entitled to a refund of 50 percent of the bond payment; and (2) Remission shall be granted on the condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety. Section 3 . This Act shall become effective on July 1, 1989.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. FAIR BUSINESS PRACTICES ACT OF 1975GOING OUT OF BUSINESS SALES. Code Sections 10-1-392 and 10-1-393 Amended. No. 464 (House Bill No. 193). 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 certain definitions; to prohibit certain going out of business sales and continuing to do business in certain circumstances as unfair or deceptive acts or practices and provide for exceptions thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, is amended by adding following paragraph (5) of subsection (a) of Code Section 10-1-392, relating to definitions, a new paragraph to read as follows: (5.1) `Going out of business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the

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person is going out of business, liquidating, selling his entire stock or 50 percent or more of his stock, selling out to the bare walls, selling because the person has lost his lease, selling out his interest in the business, selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. Section 3 . Said part is further amended by striking or at the end of subparagraph (B) of paragraph (22) of subsection (b) of Code Section 10-1-393, prohibiting unfair or deceptive practices, by striking the period at the end of paragraph (23) of that subsection (b) and inserting in its place ; or, and by inserting immediately thereafter a new paragraph to read as follows: (24) (A) Conducting a going out of business sale for more than 90 days; or (B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going out of business sale. (C) The prohibitions of this paragraph shall not extend to any of the following: (i) Sales for the estate of a decedent by the personal representative or his agent, according to law or by the provisions of the will; (ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judgment or ordered to be sold according to the deed, mortgage, judgment, or order; (iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his control on or belonging to his real or

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personal estate and not purchased or sold for speculation; (iv) All sales under legal process; (v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or (vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. INSURANCEDOMESTIC INSURERS; EXAMINATION. Code Section 33-2-11 Amended. No. 465 (House Bill No. 205). AN ACT To amend Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide that domestic insurers shall be examined once every three years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 33-2-11 of the Official Code of Georgia Annotated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Whenever the Commissioner shall deem it expedient, he shall examine, either in person or by some examiner duly authorized by him, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this state and any other fact relative to its business methods, management, and dealings with policyholders. At least once every three years, he shall so examine each domestic insurer. Examination of an alien insurer shall be limited to its insurance transactions in the United States. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. PROPERTYLAND REGISTRATION; ADVERSE POSSESSION; VESTING OF TITLE; RECORDING OF DEEDS; TITLE REGISTERS; UNRECORDED TRANSFERS. Code Title 44, Chapter 2, Article 2 Amended. No. 466 (House Bill No. 210). AN ACT To amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow registered land to be defeased by adverse possession; to allow transfers of title made by the last

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registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described; to free all registered land from further registration and vest title in the last title registrant or his heirs, assigns, or successors; to allow deeds conveying title to registered estates to be recorded in the same manner as deeds conveying title to unregistered estates are recorded; to allow previous conveyances of interest in registered lands to be valid transfers of said interests; to authorize the clerk of the superior court to note on the title register the information regarding the transfers so that they will no longer be required to be transferred on said register; to allow unrecorded transfers of owner's certificates to registered lands to have the same validity as unrecorded deeds of conveyance; to provide that Code Sections 44-2-1, 44-2-3, and 44-2-4 shall govern such validity; to repeal Code Section 44-2-168, relating to descent of registered land as personalty; to repeal Code Section 44-2-251, relating to registration and notation of other voluntary transactions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, is amended by striking Code Section 44-2-139, which reads as follows: 44-2-139. A decree of registration and the entry of a certificate of title shall be construed as an agreement running with the land; and, except as otherwise provided in this article, the land shall remain registered land subject to this article., in its entirety and inserting in lieu thereof the following: 44-2-139. Reserved. Section 2 . Said article is further amended by striking Code Section 44-2-140, relating to availability of prescription or adverse possession against registered land, and inserting in its place the following: 44-2-140. Title to or right or interest in registered land in derogation of that of the registered owner may be acquired by prescription or adverse possession.

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Section 3 . Said article is further amended by striking Code Section 44-2-141, relating to rights in and transfer of registered land, in its entirety and inserting in its place a new Code Section 44-2-141 to read as follows: 44-2-141. Except as otherwise specifically provided by this article, registered land and ownership therein shall be subject to the same rights, burdens, and incidents as unregistered land and may be dealt with by the owner and shall be subject to the jurisdiction of the courts in the same manner as if it had not been registered. Transfers of title made by the last registered owner as shown by the title register or said owner's representatives, heirs, or assigns and recorded in the deed records in the office of the clerk of superior court of the county in which the land is situated shall be valid transfers of title to the land so described. Section 4 . Said article is further amended by adding a new subsection (c) to Code Section 44-2-144, relating to how land is made free from further registration, to read as follows: (c) All lands heretofore registered in this state are declared to be free of further registration unless the order registering said title shall provide otherwise. The certificate of title and owner's certificate registered and issued on the last transfer shall stand as conclusive source of subsequent title. If the previously registered land has been devised, conveyed, or otherwise transferred by the last registered owner or said owner's representative, title shall vest in the party to whom the land was transferred or that party's heirs, successors, and assigns, notwithstanding the failure to have had the same transferred on the title register as provided in prior statutes; provided, however, if the land or interest freed is subject to a valid outstanding lien, exception, encumbrance, trust, or limitation according to the title register, the same shall not be affected but shall be effective as long as the same shall validly exist. Section 5 . Said article is further amended by striking Code Section 44-2-160, which reads as follows: 44-2-160. A registered estate may be transferred or conveyed in its entirety by a transfer or conveyance upon or attached to the owner's certificate of title substantially in the form provided

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for in Code Section 44-2-241. Such form shall be signed and acknowledged or attested as if it were a deed to land and shall have the full force and effect of a deed, provided that, if the sale or transfer is in trust upon condition or with power to sell or involves some other unusual form of conveyance, the pertinent information shall be set out in the transfer and shall be entered upon the registration of titles book as provided in this Code section. Upon presentation of the transfer together with the owner's certificate of title to the clerk, the transfer shall be duly noted and registered in the title register in accordance with this article. The certificate of title on the title register and the owner's certificate of title so presented shall be canceled, a new certificate of title in the name of the transferee shall be registered on the title register, and a new owner's certificate of title shall be issued to the transferee, which new certificate shall refer to the former certificates just canceled., in its entirety and inserting in lieu thereof the following: 44-2-160. Deeds conveying title to all registered estates shall be recorded in the same manner as deeds conveying title to unregistered lands are recorded. All previous conveyances of interests in registered lands by the last registered owner or said owner's representatives, heirs, or assigns and recorded in the deed records in the office of the clerk of the superior court in which the land is situated shall be valid transfers of said interests. Upon request, the clerk of the superior court is authorized to note on the title register the information regarding the transfers and that the land is no longer required to be transferred on said register under this article, `The Land Registration Law.' Section 6 . Said article is further amended by striking Code Section 44-2-167, which reads as follows: 44-2-167. In all voluntary transactions, the owner's certificate of title must be presented along with the writing or instrument filed for registration before the clerk shall be authorized to register the transaction., in its entirety and inserting in lieu thereof the following: 44-2-167. Unrecorded transfers of owner's certificate to registered lands shall have the same validity as unrecorded deeds

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of conveyance. The validity and priority of unrecorded transfers shall be governed by Code Sections 44-2-1, 44-2-3, and 44-2-4. Section 7 . Said article is further amended by striking Code Section 44-2-168, which reads as follows: 44-2-168. Except as otherwise provided in this article, any land, estate, or interest therein which is registered under this article shall, upon the death of the owner, testate or intestate, go to his personal representative in like manner as personal estate and shall be subject to the same rules of administration as personalty. Nothing contained in this Code section shall alter or affect the course of ultimate descent under the law of descents and distributions nor alter or affect the order in which real and personal assets, respectively, are applicable in and toward the payment of funeral and testamentary expenses, debts, or legacies or the liability of real estate to be charged with the payment of debts and legacies., in its entirety and inserting in lieu thereof the following: 44-2-168. Reserved. Section 8 . Said article is further amended by striking Code Section 44-2-251, which reads as follows: 44-2-251. Where it is desired to register a voluntary transaction other than those for which forms have been indicated or prescribed in this part, the instrument showing the voluntary transaction shall be presented along with the owner's certificate and shall be noted not only on the certificate of title in the title register but also on the owner's certificate. If the instrument is already recorded on some public record, reference shall be made in the title register and on the owner's certificate to the book and page where it is recorded; if it is not already recorded, the clerk shall record it making like reference in the title register and on the owner's certificate to the book and page where recorded., in its entirety and inserting in lieu thereof the following: 44-2-251. Reserved.

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Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACTRETIRED PEACE OFFICER REDEFINED. Code Section 35-8-2 Amended. No. 467 (House Bill No. 238). AN ACT To amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the employment and training of peace officers, so as to change the definition of retired peace officer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the employment and training of peace officers, is amended by striking paragraph (9) and inserting in its place a new paragraph (9) to read as follows: (9) `Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the state or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. Aretired peace officer may be certified or

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registered upon voluntarily complying with the certification or registration provisions of this chapter. Such term shall also mean a retired law enforcement officer who retired from service with the United States who meets all criteria as specified by the council for such classification; provided, however, that such classification shall not exempt such officer from satisfying the minimum employment and training requirements of this chapter if such officer is appointed or employed as a peace officer by the state or a subdivision or municipality thereof. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. COMMERCE AND TRADETRADE SECRETS. Code Section 10-1-740 Enacted. No. 468 (House Bill No. 252). AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination; 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 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 26 to read as follows:

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ARTICLE 26 10-1-740. (a) A trade secret means information including, but not limited to, technical or nontechnical data, a formula pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers which: (1) Derives economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. (b) Any contractual rights or other rights independent of contract relating to trade secrets shall be construed according to the definition provided by subsection (a) of this Code section, except that such definition shall have no applicability to Code Section 16-8-13, relating to criminal offenses involving theft of trade secrets. (c) No rights under this Code section shall be abrogated as a result of access to a trade secret by nonauthorized persons or as a result of an inadvertent disclosure. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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GUARDIAN AND WARDGUARDIANSHIPS OF PROPERTY OF INCAPACITATED ADULTS; CERTIFICATES; FILING BY JUDGE OR CLERK OF THE PROBATE COURT WITH THE CLERK OF THE SUPERIOR COURT; RECORDING. Code Section 29-5-6 Amended. No. 469 (House Bill No. 257). 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 of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court, within certain time limits, in each county in which such adult owns real property; to provide for the filing of certificates; to provide for recording and indexing; to provide for the contents of such certificates; to provide for fees; 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 of an incapacitated adult, is amended by striking paragraph (4) of subsection (f) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) In any case involving the creation of a guardianship over the property of an adult where the proposed ward owns real property, the judge or clerk of the probate court shall file, within 30 days after issuing the order granting such petition or terminating such guardianship, a certificate with the clerk of the superior court of each county of this state in which such adult owns real property, to be recorded in the deed records for such county and indexed under the name of such adult in the grantor index to such records. The certificate shall set forth the name of

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such adult, the date on which the order granting such petition or terminating such guardianship issued, and, where a guardianship was created, the name of the guardian of the property who was appointed. The certificate which is required to be filed by this Code section shall be accompanied by the same fee required for the filing of deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. HANDICAPPED PARKING LAWPARKING PLACES FOR NONAMBULATORY PERMANENTLY HANDICAPPED PERSONS. Code Section 40-6-224.1 Enacted. Code Section 40-6-225 Amended. No. 470 (House Bill No. 261). AN ACT To amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the Handicapped Parking Law, so as to authorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory; to define a certain term; to make it unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place for the nonambulatory except for certain purposes; to provide an exception; to provide penalties; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the Handicapped Parking Law, is amended by adding between Code Sections 40-6-224 and 40-6-225 a new Code Section 40-6-224.1 to read as follows: 40-6-224.1. (a) Any business entity may elect to designate handicapped parking places for the nonambulatory. Such handicapped parking places for the nonambulatory shall be in addition to any handicapped parking places required by Chapter 3 of Title 30. Such handicapped parking places for the nonambulatory shall be clearly marked by a sign bearing the words `Handicapped Parking - nonambulatory persons only.' Such handicapped parking places for the nonambulatory shall only be utilized for the purpose of allowing a nonambulatory permanently handicapped person to enter or get out of a vehicle while in such parking place. A vehicle in a handicapped parking place for the nonambulatory shall be required to have a valid unexpired handicapped parking permit or a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222. For the purposes of this Code section, the term `nonambulatory permanently handicapped person' means a person who is permanently handicapped as a result of the loss or loss of use of one or both legs and who is dependent upon crutches, a walker, or wheelchair for locomotion. Section 2 . Said part is further amended by striking in its entirety subsection (b) of Code Section 40-6-225, relating to offenses and penalties, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place.

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(2) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-224.1 except for the purpose of allowing a nonambulatory permanently handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for the nonambulatory. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. COASTAL MARSHLANDS PROTECTION ACT OF 1970LEASING OF STATE OWNED MARSHLAND AND WATER BOTTOMS FOR MARINAS; PRIVATE DOCKS. Code Sections 12-5-281, 12-5-282, and 12-5-292 Amended. Code Section 12-5-285.1 Enacted. No. 471 (House Bill No. 272). AN ACT To amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, so as to permit the leasing of state owned marshland and water bottoms to eligible persons as defined, for purposes of construction, operation, and maintenance of marinas providing slips for more than 15 boats; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, is amended by redesignating existing paragraphs (4) through (6) of Code Section 12-5-281, relating to definitions, as paragraphs (5) through (7) and by adding a new paragraph (4) to read as follows: (4) `Eligible person' means any person who is the owner of high land adjoining the state owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that at least 100 percent of the landward boundary of the state owned marshland or water bottom, or combination thereof, sought to be leased is bordered by said adjoining high land. Section 2 . Said part is further amended by striking subsection (a) of Code Section 12-5-282, relating to the Coastal Marshlands Protection Committee, and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created the Coastal Marshlands Protection Committee to be composed of three members. The commissioner of natural resources and two persons selected by the Board of Natural Resources shall be the members of this committee. One member of the committee selected by the Board of Natural Resources shall be a resident of Camden, Glynn, McIntosh, Liberty, Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits and leases provided for by this part. Section 3 . Said part is further amended by adding between Code Section 12-5-285 and Code Section 12-5-286 a new Code Section 12-5-285.1 to read as follows: 12-5-285.1. (a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas providing slips for more than 15 boats, including the installing, maintaining, repairing, removing, and replacing of buildings, structures, piers, docks,

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floating docks, marine railways, dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably used for or in connection therewith, subject always to the initial and continuing compliance by the lessee with all applicable laws pertaining to the use of the leased property and subject always to the use and enjoyment of the public of any navigable waters upon or over the leased property. (b) Upon application by any interested person for a lease pursuant to this Code section, the committee shall determine whether or not the applicant is an eligible person. If the committee determines that the applicant is an eligible person, then the committee is authorized to grant and convey to the applicant a lease of the state owned marshland or water bottoms, or a combination thereof, described in the application without the necessity of public bid. (c) The application for the lease shall be in writing and shall contain a request for a lease of the state owned property described therein. Such application shall include a legal description of the boundaries of the area sought to be leased; a plat of survey of the acreage sought to be leased prepared by a registered land surveyor; documentation of ownership of the adjoining high land upon which the applicant bases his claim of eligibility, which documentation shall include copies of all relevant deeds and plats of such high land; and a list of all owners of marshland and high land adjoining the applicant's high land. The entire application must be in a form acceptable to the committee. (d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (h) and (i) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections (h) and (i) of this Code section, shall require the payment of a periodic rental of the fair market value of the state owned marshland or water bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term for a rental based upon periodic reappraisals of the fair market value at the time of renewal; provided, however, that the total rental paid in any rental year shall never exceed 5 percent of the annual wet dockage gross rental income, which shall include transient, short-term,

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and long-term rentals and amortized condominium sales, if applicable, as determined and adjusted at the end of each rental year. (e) Each lease granted under this Code section shall protect the interest of owners of marshland and high land adjoining the high land of the lessee upon which the lessee's eligibility for lease was based to a right of access to the state owned marshland or water bottoms adjoining the state owned marshland or water bottoms leased to the applicant; provided, however, said owners of adjoining high land may assign their rights in writing in favor of the applicant and such written assignment may be used to determine the percentage of landward boundary required for eligibility to lease the state owned marshland and water bottoms described in the application. (f) Each lease granted under this Code section shall expressly prohibit the owners of boats docked at any marina constructed pursuant thereto from living aboard their vessels. (g) If the eligible person desires the ability to transfer or convey ownership interests in the leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas, each lease granted under this Code section shall require the formation of a condominium pursuant to Code Section 44-3-72. (h) Upon application of any eligible person who either is the owner of a marina in existence on March 1, 1989, or holds a permit subsequently granted by the committee under this part on an application for a permit filed with the committee prior to March 1, 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided, however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section. (i) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit organization, or a public entity, the committee may grant a lease of state owned

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marshland or water bottoms for the construction and operation of a marina as a community or public dock. Each lease granted under this subsection shall be for a term of ten years from the date of its execution with a nominal rental of $1.00 for the entire term. (j) The committee shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairman of the House Natural Resources and Environment Committee, the chairman of the House Committee on State Institutions and Property, the chairman of the Senate Natural Resources Committee, and the chairman of the Senate Committee on Governmental Operations. (k) The committee may place such terms, limitations, restrictions, and conditions in such leases as are deemed necessary to ensure that the utilization of the property is in the public interest. (l) All leases granted by the committee shall have the prior approval of the State Properties Commission, including, if applicable, the fair market value of the state owned marshland or water bottoms to be leased and the rental to be charged. Section 4 . Said part is further amended by striking paragraph (6) of Code Section 12-5-292, relating to exemptions from the applicability of said part, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of detached single-family residences located on high land adjoining such docks. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. WORKERS' COMPENSATIONSTATE BOARD OF WORKERS' COMPENSATION AND ADMINISTRATIVE LAW JUDGES; COMPENSATION; APPEALS; REHABILITATION SUPPLIERS; CERTIFICATES; STANDARDS; FEES. Code Sections 34-9-52, 34-9-105, 34-9-200.1, and 45-7-4 Amended. No. 472 (House Bill No. 274). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change provisions relating to the compensation of the chairman and members of the State Board of Workers' Compensation and administrative law judges of the board; to change the provisions relative to appeals to the superior court; to provide that a decision of the board, if heard within 60 days from the date of filing of the notice of appeal, shall be considered affirmed by operation of law if no order of the court has been entered within 20 days from the date of the hearing; to provide for practices and procedures; to provide for editorial revision; to provide that a copy of the statement of fees charged by the rehabilitation suppliers need not be filed with the board; to provide that no rehabilitation supplier shall bill the employee for authorized rehabilitation services; to provide that a rehabilitation supplier shall hold certain certifications or licenses; to provide that the board shall have certain authority with regard to rehabilitation supplier applicants; to provide that the board may set the standards and qualifications of rehabilitation suppliers; to provide for a definition; to provide that in certain injuries the employer or insurer shall appoint a

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registered rehabilitation supplier; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to remove provisions relating to compensation of the chairman and members of the State Board of Workers' Compensation; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-52, relating to officials, personnel, and employees subject to the state merit system and the compensation of members of the board, and inserting in its place a new Code Section 34-9-52 to read as follows: 34-9-52. (a) All members of the board, including the chairman thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the laws and rules and regulations of the state merit system. The salaries of all members of the board, including the chairman thereof, shall be as provided in this Code section. Effective July 1, 1989, the chairman and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary provides as of January 1, 1989, for each Judge of the Court of Appeals in Code Section 45-7-4. (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 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 and whose compensation shall be as provided in subsection (c) of this Code section. (c) Each administrative law judge shall receive an annual salary equal to the annual salary received by such administrative law judge as of January 1, 1989, plus $6,000.00, but in no event more than the lesser of: (1) the salary paid to each member of the board pursuant to subsection (a) of this Code section; or (2) the

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base annual salary provided as of January 1, 1989, for each superior court judge in Code Section 45-7-4. Section 2 . Said chapter is further amended by striking in their entirety subsections (b) and (d) of Code Section 34-9-105, relating to hearings of and appeals from the State Board of Workers' Compensation, and inserting in lieu thereof new subsections (b) and (d) to read as follows: (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. Said appeal shall be filed with the board in writing 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 of the notice of appeal with the board, 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 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 assignemnt 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 notice of appeal is filed with the board, the decision of the board shall be considered affirmed by operation of law 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 notice of appeal is filed with the board because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law 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. If a case is heard within 60 days from the date the notice of appeal is filed, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing.

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(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 in subsection (c) of this Code section. In the event a hearing is not held and a decision is not rendered by the superior court within the time provided in subsection (b) of this Code section, the decision of the board shall, by operation of law, be affirmed. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (b) of this Code section. 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 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. Section 3 . Said chapter is further amended by striking in their entirety subsections (e) and (g) of Code Section 34-9-200.1, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, and inserting in lieu therof new subsections (e) and (g) to read as follows: (e) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider. (g) Any rehabilitation supplier shall hold one of the following certifications or licenses:

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(1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter. Section 4 . Said chapter is further amended by adding at the end of said Code Section 34-9-200.1 a new subsection (h) to read as follows: (h) `Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury; (2) Multiple amputation;

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(3) Severe brain or closed head injury; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; (5) Total or industrial blindness; or (6) Any other injury determined to be catastrophic in nature by the board. In the event an injured employee has a catastrophic injury, the employer or insurer shall appoint a registered rehabilitation supplier within 48 hours of notification of the injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. Section 5 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, is amended by striking in their entirety paragraphs (17.1) and (17.2) of subsection (a), which read as follows: (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 Section 6 . This Act shall become effective on July 1, 1989, and Section 1 of this Act shall apply to all awards or decisions of the State Board of Workers' Compensation issued on or after July 1, 1989. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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CRIMINAL PROCEDURENOLLE PROSEQUI; NOTICE TO DEFENDANT AND DEFENDANT'S ATTORNEY. Code Section 17-8-3 Amended. No. 473 (House Bill No. 322). AN ACT To amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of record of entry of a nolle prosequi; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-8-3 to read as follows: 17-8-3. After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the consent of the court. After the case has been submitted to a jury, a nolle prosequi shall not be entered except by the consent of the defendant. The prosecuting attorney shall notify the defendant and the defendant's attorney of record within 30 days of the entry of a nolle prosequi either personally or in writing; such written notice shall be sent by regular mail to the defendant at the defendant's last known address and to the defendant's attorney of record. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MOTOR VEHICLES AND TRAFFICCOLLEGE AND UNIVERSITY CAMPUS LAW ENFORCEMENT AGENCIES; USE OF RADAR SPEED DETECTION DEVICES. Code Title 40, Chapter 14 Revised. No. 474 (House Bill No. 324). AN ACT To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to authorize college and university campus law enforcement agencies to use speed detection devices on roads and streets traversing their campuses; to provide for definitions; to provide for issuance, suspension, and revocation of permits for the use of such devices; to provide for certain restrictions on the use of such devices; 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 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 14 to read as follows: CHAPTER 14 40-14-1. As used in this chapter, the term: (1) `Campus' means the grounds owned or occupied by a college or university. (2) `Campus law enforcement agency' means the campus agency charged with the enforcement of the laws of this state. (3) `College or university' means an accredited public or private educational institution of higher learning.

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(4) `Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name `Vascar' or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the principle of radar. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety. 40-14-2. (a) The law enforcement officers of the various counties, municipalities, colleges, and universities may use speed detection devices only if the governing authorities of such counties and municipalities or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter. (b) No county, municipality, college, or university shall be authorized to use speed detection devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. 40-14-3. (a) The governing authority of any county or municipality and the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved approved by the Division of Traffic Engineering and Safety of the Department of Transportation. (b) The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the applicants. 40-14-4. No state, county, municipal, or campus law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with Federal Communications

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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. 40-14-5. (a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. (b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the device that the person has a right to request the officer to test the device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the device for accuracy. In the event the device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. 40-14-6. Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this Code section.

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40-14-7. No speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is not visible to approaching motorists for a distance of at least 500 feet. 40-14-8. No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, and in properly marked residential districts, unless the speed of the vehicle exceeds the posted limit by more than ten miles per hour; and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted limit. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. 40-14-9. Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent. 40-14-10. It shall be unlawful for radar speed detection devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county, municipality, college, or university to order such radar speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such radar speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor.

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40-14-11. Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing radar speed detection devices for purposes other than the promotion of the public health, welfare, and safety, the commissioner or his designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or university with respect to radar speed detection devices. If, as a result of this investigation, the commissioner or his designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county, municipality, college, or university, he shall issue an order to that effect. 40-14-12. Upon issuance by the commissioner of public safety of an order suspending or revoking the radar speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and following the hearing the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. 40-14-13. Any county, municipality, college, or university aggrieved by a decision of the commissioner or deputy commissioner of public safety suspending or revoking its radar speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of the radar speed detection device until after such appeal is decided by the court. 40-14-14. At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the

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commissioner or deputy commissioner of public safety, the governing authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commissioner, petition the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use radar speed detection devices within their respective jurisdictions. 40-14-15. 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 he might have. The Governor, in his discretion, may order a new hearing on the matter before the Board of Public Safety or may, without hearing, issue his order directing the commissioner to grant a permit to such a county, municipality, college, or university to use speed detection devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehearing until the expiration of six months. 40-14-16. No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Public Safety for the purpose of suspending or revoking the driver's license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Public Safety which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke the driver's license of a violator. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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EDUCATIONSCHOOL BUS DRIVERS; ACCUMULATED UNUSED SICK LEAVE; TRANSFER. Code Section 20-2-1110 Amended. No. 475 (House Bill No. 337). AN ACT To amend Code Section 20-2-1110 of the Official Code of Georgia Annotated, relating to the right of school bus drivers to receive pay for sick leave, so as to provide that accumulated unused sick leave shall be transferred when there is a change of employment; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-1110 of the Official Code of Georgia Annotated, relating to the right of school bus drivers to receive pay for sick leave, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) Any unused sick leave accumulated by a school bus driver pursuant to the provisions of subsection (a) of this Code section shall be credited to such driver and shall be transferred when there is a change in the employment of the school bus driver from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (j) of Code Section 20-2-188 to finance the potential or actual cost incurred by a local unit of administration through the employment of school bus drivers transferring accumulated unused sick leave. Any unused sick leave credited to a school bus driver shall be forfeited if the driver withdraws from service for more than 24 consecutive months.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. PROBATE COURTSRETIRED JUDGES PERFORMING MARRIAGE CEREMONIES. Code Section 15-9-16 Enacted. No. 476 (House Bill No. 339). AN ACT To amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that retired judges of the probate courts shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies; 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 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, is amended by adding, following Code Section 15-9-15, a new Code Section 15-9-16 to read as follows: 15-9-16. A retired judge of a probate court of any county of this state shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies. For purposes of this section a retired judge of a probate court shall be one who has served as probate judge not less than 12 years.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. EMPLOYMENT SECURITY LAWUNEMPLOYMENT COMPENSATION; PAYMENTS DURING TEMPORARY LAYOFFS EXCLUDED AS WAGES. Code Section 34-8-51 Amended. No. 477 (House Bill No. 368). AN ACT To amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an employee during a period of temporary layoff; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, is amended by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph (2) to read as follows: (2) The amount of any payment to or on behalf of an employee under a plan or system established by an employer which makes provision for his employees generally or for a class or classes of his employees (including any amount paid by an employer for insurance or annuities or into a fund to provide for any such payment) on account of (A) retirement, or (B) the supplementation after December 31, 1955, of unemployment

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benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument, provided such individual (i) having rights under this chapter, meets all conditions of eligibility under this chapter and the regulations issued pursuant thereto, and (ii) has no option to receive, in lieu of payment of supplemental unemployment benefits under such plan or system established by an employer, any payment from a fund established pursuant to such plan or system, or any part of such payment, or other consideration, and (iii) has no right, under the provisions of the plan or system providing such supplemental unemployment benefits, to assign any such supplemental benefit or to receive a consideration in lieu of any such benefit upon his withdrawal from such plan or system or upon termination of such plan or system or upon termination of his employment with such employer; and provided, further, that such plan or system provides benefits which are only supplemental to benefits provided under a state unemployment compensation law and that such plan or system does not replace or duplicate any state or federal unemployment compensation law but is only supplemental to such a law and that under such plan or system the employer has no right to recover any portion of funds creditable to the fund or to an individual for supplementation of unemployment benefits, or (C) sickness or accident disability (but, in the case of payments made to an employee or any of his dependents, this subparagraph shall exclude from the term `wages' only payments which are received under a workers' compensation law), or (D) medical and hospitalization expenses in connection with sickness or accident disability, (E) death, provided the employee (i) has no option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums or contributions to premiums paid by his employer, and (ii) has no right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer, or (F) temporary layoff (but, in the case of payments made to an employee who is temporarily laid off or to any of his dependents, this subparagraph shall exclude from the term `wages' only payments made out of a 100 percent vested account in the name of such employee under a pension or profit-sharing plan or trust

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that is qualified under Section 501(a) of the federal Internal Revenue Code of 1986); Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. PUBLIC OFFICERS AND EMPLOYEESCOUNTY AND MUNICIPAL OFFICERS; RESIDENCY REQUIREMENTS. Code Section 45-2-1 Amended. No. 478 (House Bill No. 401). 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 reduce the residency requirement for certain county and municipal officers; 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) and inserting in its place 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

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candidate for any county office, except offices of a judicial nature, shall be 12 months residency within the county. The residency requirement for a candidate for any municipal office, except offices of a judicial nature, shall be 12 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 3, 1989. AD VALOREM TAXESEQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST; PREPARATION BY STATE AUDITOR. Code Section 48-5-274 Amended. No. 479 (House Bill No. 421). AN ACT To amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor; 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 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, is amended by striking said Code section in its entirety

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and substituting in lieu thereof a new Code Section 48-5-274 to read as follows: 48-5-274. (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 is deemed 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: (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

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(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 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, 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 each county.

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(d) On or before November 15 of each year, the state auditor shall furnish to the State Board of Education the current equalized adjusted school property tax digest of each county in the state and the current equalized adjusted school property tax digest for the state as a whole. In any county which has more than one school system, the state auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted school property tax digest showing the amount of the digest applicable to property located within each of the school systems located within the county. At the same time, the state auditor shall furnish the governing authority of each county, the governing authority of each municipality having an independent school system, the local board of education of each school system, the tax commissioner or tax collector of each county, and the board of tax assessors of each county the current equalized adjusted school property tax digest of the local school system or systems, as the case may be, and the current equalized adjusted school property tax digest for the state as a whole. (e) (1) Each county governing authority, each governing authority of a municipality having an independent school system, and each local board of education, when aggrieved or when having an aggrieved constituent, shall have a right, upon written request made within 30 days after receipt of the digest information, to refer the question of correctness of the current equalized adjusted school property tax digest of the local school system to the state auditor. The state auditor shall take any steps necessary to make a determination of the correctness of the digest and to notify all interested parties of the determination within 45 days after receiving the request questioning the correctness of the digest. (2) (A) If any party questioning the correctness of the digest is dissatisfied with the determination made by the state auditor pursuant to paragraph (1) of this subsection, the party shall have the right, which must be exercised within 15 days after being notified of the determination made by the state auditor, to refer in writing the question of the correctness of the digest to a board of arbitrators.

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(B) Each board of arbitrators shall consist of three members, one to be chosen by the state auditor, one to be chosen by the complaining party requesting the arbitration, and one to be chosen within 15 days after selection of the first two members by the first two members of the board. In the event the two arbitrators cannot agree on a third member, the Chief Justice of the Supreme Court of Georgia shall appoint the third member upon petition of either party with notice to the opposing party. (C) The board of arbitrators or a majority of the board within 30 days after appointment of the full board shall render its decision regarding the correctness of the digest in question and, if correction of the digest is required, regarding the extent and manner in which the digest should be corrected. The decision of the board shall be final. (D) The state auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the corrections to the parties entitled to receive such information under this Code section. (E) Each member of the board of arbitrators shall take and subscribe to an oath before the state auditor to perform faithfully and impartially the duties required in connection with the controversy concerning the correctness of the digest in question and to render a decision within the time required. Each member of the board of arbitrators shall be paid a sum not to exceed $250.00 per day for services rendered. All costs of arbitration of matters arising under this Code section shall be shared and paid equally by the Department of Audits and Accounts and by the governing authority of the local board of education requesting the arbitration. (3) Upon receiving notice that the current equalized adjusted school property tax digest of any local school system is being questioned pursuant to paragraph (1) of this subsection, the state auditor shall notify the State Board of Education that the digest is being questioned. No computations

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shall be made on the basis of a questioned digest under Article 6 of Chapter 2 of Title 20, the `Quality Basic Education Act,' until the digest has been corrected, if necessary, pursuant to this subsection. (f) The commissioner shall provide to the state auditor such digest information as is needed in the calculation of the equalized adjusted school property tax digests. Such information shall be provided for each county and for each local school system. For independent school systems in municipalities authorized to assess property in excess of 40 percent of fair market value pursuant to Code Section 48-5-7, the commissioner shall provide digest information to the state auditor at the assessment ratios utilized by both the municipal government and the county government or governments in which the municipality is located. If revision is made to the digest of any county or any portion of a county comprising a local school system following the initial reporting of the digest to the state auditor, the commissioner shall report any such revision to the state auditor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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BUDGET ACTAPPROVAL OF STATE CONTRACTS; EXEMPTION OF CONTRACTS APPROVED BY THE STATE BOARD OF TECHNICAL AND ADULT EDUCATION. Code Section 45-12-132 Amended. No. 480 (House Bill No. 427). AN ACT To amend Code Section 45-12-132 of the Official Code of Georgia Annotated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-12-132 of the Official Code of Georgia Annotated, relating to contracts which are exempt from certain requirements relating to state contracts, is amended by striking paragraph (1) of said Code section in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Contracts approved by the Department of Transportation, the State Board of Education, the State Board of Technical and Adult Education, or the Board of Regents of the University System of Georgia;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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MOTOR VEHICLES AND TRAFFICMUNICIPAL COURTS; JURISDICTION OF TRAFFIC OFFENSES. Code Section 40-13-21 Amended. No. 481 (House Bill No. 443). AN ACT To amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to change provisions relating to jurisdiction of probate and municipal courts to try traffic offenses under state law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: (b) The probate court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the traffic laws of this state in all counties of this state in which there is no city, county, or state court, provided the defendant waives a jury trial. The clerk of the superior court in counties with a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census shall attend the probate court in all cases held for the violation of the traffic laws of this state. The clerk shall record all pleas and judgments and shall receive the same fees as provided for in the superior court. Said fees shall be paid out of the cost assessed by the judge of the probate court in such cases. Notwithstanding any provision of law to the contrary, all municipal courts are granted jurisdiction to try and dispose of misdemeanor traffic offenses arising under state law except violations of Code Section 40-6-393 and to impose any punishment authorized for such offenses under general state law, whether or not there is a city, county, or state court

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in such county, if the defendant waives a jury trial and the offense arises within the territorial limits of the respective jurisdictions as now or hereafter fixed by law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. DOMESTIC RELATIONSMARRIAGE LICENSES; IMMEDIATE ISSUANCE; SANCTIONS. Code Sections 19-3-35 and 19-3-45 Amended. No. 482 (House Bill No. 463). AN ACT To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for immediate issuance of marriage licenses and to change certain provisions providing sanctions for the improper issuance of a marriage license; 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 19 of the Official Code of Georgia Annotated, relating to marriage licenses, is amended by striking Code Section 19-3-35, which reads as follows: 19-3-35. (a) No marriage license shall be issued earlier than three days following the application therefor, unless the female applicant is pregnant and the pregnancy is proved by a certificate signed by a licensed physician of this state, unless the applicants are the parents of a living child born out of wedlock, or

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unless both applicants have been proved to have reached the age of majority, in any of which events a marriage license may be issued immediately. (b) Any person who issues a marriage license in violation of subsection (a) of this Code section, unless the parties fall under one of the three exceptions mentioned therein, shall be guilty of a misdemeanor. Such willful conduct shall constitute malpractice in office. However, a judge of the probate court who in good faith destroys a physician's certificates of pregnancy and all records of the certificates under his control in accordance with applicable provisions of law shall not be prosecuted under this subsection for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued., and inserting in its place a new Code section to read as follows: 19-3-35. When both applicants for a marriage license are eligible to receive that license pursuant to the other provisions of this chapter and that license is otherwise authorized to be issued pursuant to the other provisions of this chapter, that license may be issued immediately and without any waiting period. Section 2 . Said article is further amended by striking Code Section 19-3-45, relating to forfeiture for improper issuance of marriage license, and inserting in its place a new Code section to read as follows: 19-3-45. Any judge of the probate court who by himself or his clerk knowingly grants a license without the required consent or without proper precaution in inquiring into the question of minority shall forfeit the sum of $500.00 for every such act, to be recovered at the action of the father or mother, if living, and, if not, at the action of the guardian or legal representative of either of such contracting parties, provided that under no circumstances shall more than one action be maintained by the father or mother, guardian, or legal representative of either of such contracting parties in connection with any one marriage; and provided, further, that no such action shall be brought prior to the expiration of 60 days from the date that the marriage becomes public and that no action under this Code section shall be

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maintained after the expiration of 12 months from the date the marriage becomes public. A recovery shall be had against the offending judge and his bondsmen. From the recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the action and, after the payment of court costs, one-third of the remainder of the recovery shall be paid to the person bringing the action; and the remaining two-thirds shall be paid to the county educational fund of the county of the judge's residence. A judge who in good faith destroys physician's certificates of pregnancy and all records of the certificates under his control in accordance with the provisions of law shall not be prosecuted under this Code section for failure to require such a certificate from the applicants for a marriage license, if a birth certificate is issued for a child born to the applicants within the period of gestation after the marriage license was issued. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. CRIMINAL PROCEDUREVOLUNTARY SURRENDER PROGRAM; BONDS OR PERSONAL RECOGNIZANCE; EXPENSES; PENALTIES; SUPERVISION; RUNNING OF SENTENCES. Code Section 17-10-9.1 Enacted. No. 483 (House Bill No. 466). AN ACT To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a defendant pending the defendant's

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surrendering voluntarily on a fixed date at a designated county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections; to provide that the defendant may be released on bond or on the defendant's personal recognizance; to provide for supervision by probation officers; to provide for eligibility and criteria for participation in the voluntary surrender program; to provide that the sentencing judge shall be the sole and final arbiter concerning eligibility and the defendant shall have no right to appeal such decision; to provide that the defendant shall be responsible for all subsistence and travel expenses connected with surrendering voluntarily to a designated county jail or correctional institution on a date fixed by the court or the Department of Corrections within certain time limits; to provide for the running of sentences; to provide that a defendant who fails to surrender voluntarily as directed and required may be charged with certain criminal offenses or be cited for contempt of court; to authorize the Department of Corrections to promulgate rules and regulations to implement the voluntary surrender program; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, is amended by adding a new Code section immediately following Code Section 17-10-9, to be designated Code Section 17-10-9.1, to read as follows: 17-10-9.1. (a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy;

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(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; (10) Kidnapping, arson, 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; (11) Child molestation; (12) Robbery; (13) Aggravated assault; or (14) Voluntary manslaughter is sentenced to a term of confinement in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections, the sentencing judge may release the defendant pending the defendant's surrendering to a county jail or to a correctional institution designated by the Department of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may release the defendant on the defendant's personal recognizance. This Code section shall not be construed to limit the court's authority in prescribing conditions of probation. (b) Any defendant who has been released on bond and who has complied with all of the conditions of the bond and any other

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defendant who, in the opinion of the sentencing judge, is deemed worthy of the procedure to surrender voluntarily, may be eligible to participate in the program. However, the sentencing judge shall be the sole and final arbiter concerning eligibility and the defendant shall have no right to appeal such decision. (c) When a defendant submits a request to the sentencing judge to be allowed to surrender voluntarily to a county jail or a correctional facility, the judge may consider the request and if, taking into the consideration the crime for which the defendant is being sentenced, the history of the defendant, and any other factors which may aid in the decision, the judge determines that the granting of the request will pose no threat to society, the defendant shall be remanded to the supervision of a probation officer by the judge and ordered to surrender voluntarily to a county jail designated by the court or to a correctional institution as thereafter designated by the Department of Corrections. The surrender date shall be a date thereafter specified as provided in subsection (d) of this Code section. The sentence of any defendant who is released pursuant to this Code section shall not begin to run until such person surrenders to the facility designated by the court or by the department, provided that such person will receive credit toward his sentence for time spent in confinement awaiting trial as provided in Code Section 17-10-11. (d) In the event the defendant is ordered to surrender voluntarily to a county jail, the court shall designate the date on which the defendant shall surrender, which date shall not be more than 120 days after the date of conviction. When the sentencing judge issues an order requiring a defendant to surrender voluntarily to a correctional institution, the Department of Corrections shall authorize the commitment and designate the correctional institution to which the defendant shall report and the date on which the defendant is to report, which date shall not be more than 120 days after the date of conviction. Upon such designation, the department shall notify the supervising probation officer who shall notify the defendant accordingly. Subsistence and transportation expenses en route to the correctional institution shall be borne by the defendant. (e) The provisions of this Code section shall not apply to any defendant convicted of a capital felony.

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(f) If the defendant fails to surrender voluntarily as directed and required, the defendant may be charged with the offense of bail jumping pursuant to subsection (a) of Code Section 16-10-51 or the offense of escape pursuant to paragraph (3) of subsection (a) of Code Section 16-10-52 and, if convicted of such crimes, shall be punished as provided by law; or may be cited for contempt of court by the sentencing judge and, if convicted of contempt, the defendant shall be punished as provided in Code Section 15-6-8. (g) The Department of Corrections is authorized and directed to promulgate such rules and regulations as may be necessary to effectuate the purposes of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEMEMPLOYERS; CREDIT UNIONS. Code Section 47-5-2 Amended. No. 484 (House Bill No. 475). AN ACT To amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, so as to change the definition of employer to include certain credit unions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, is amended by striking subparagraphs (H) and (I) of paragraph (9) in their entirety and substituting in lieu thereof new subparagraphs (H), (I), and (J) to read as follows: (H) Consolidated city-county governments of this state; (I) The Municipal Gas Authority of Georgia, and any successor thereto, created pursuant to Article 4 of Chapter 4 of Title 46; or (J) A state or federally chartered credit union whose membership is comprised of municipal, county, or hospital authority employees. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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WATERCRAFTABANDONED VESSELS; DISPOSITION; LIENS; FORECLOSURE; CERTIFICATES OF TITLE. Code Title 52, Chapter 7, Article 3 Enacted. No. 485 (House Bill No. 476). AN ACT To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide for comprehensive procedures for the disposition of abandoned vessels; to provide for definitions; to provide for duties and responsibilities of persons removing or storing vessels; to provide for removal of vessels by peace officers or law enforcement agencies; to provide for notice; to provide for the creation of liens; to provide for the authority of certain courts to foreclose such liens; to provide for foreclosure procedures; to provide for the sale of vessels pursuant to foreclosure; to provide for purchasers obtaining certificates of title from such sales; to provide for disposition of proceeds from such sales; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by adding at the end thereof a new article, to be designated Article 3, to read as follows: ARTICLE 3 52-7-70. As used in this article, the term: (1) `Abandoned vessel' means a vessel: (A) Which has been left by the owner or some person acting for the owner with a vessel dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or

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other person within a period of 30 days after the time agreed upon; or within 30 days after such vessel is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs; (B) Which is left unattended upon or in any public water or at any port in this state without the consent of the agency having jurisdiction or docked at any private property without the consent of the owner of such property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such vessel unattended does not intend to return and remove such vessel; (C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vessel was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or (E) Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto. (2) `Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Natural Resources. (3) `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. 52-7-71. (a) Any person who removes a vessel from public property or public water at the request of a law enforcement officer or stores such vessel shall, if the owner of the vessel is unknown, seek the identity of and address of the last known

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registered owner of such vessel from the law enforcement officer requesting removal of such vessel or such officer's agency within 72 hours of removal. (b) Any person who removes a vessel from private property or private waters at the request of the property owner or stores such vessel shall, if the owner of the vessel is unknown, notify in writing a local law enforcement agency of the location of the vessel, the vessel registration number, and the license number, model, year, and make of the vessel, if known or if readily ascertainable, within 72 hours of the removal of such vessel and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vessel and any information indicating that such vessel is a stolen vessel. (c) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel. (d) If any vessel removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vessel or is not a vessel being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vessel, the person removing or storing such vessel shall, within seven calendar days of the day such vessel was removed, notify the owner, if known, by certified or registered mail of the location of such vessel, the fees connected with removal and storage of such vessel, and the fact that such vessel will be deemed abandoned under this article unless the owner redeems such vessel within 30 days of the day such vessel was removed. (e) If the owner fails to redeem such vessel as described in subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vessel becomes abandoned, the person removing or storing such vessel shall, within seven calendar days of the day such vessel became an abandoned vessel, give notice in writing, by sworn statement, to the Department of Natural Resources and the Georgia Bureau of Investigation,

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stating the vessel registration number, the license number, the fact that such vessel is an abandoned vessel, the model, year, and make of the vessel, if known or if readily ascertainable, the date the vessel became an abandoned vessel, the date the vessel was removed, and the present location of such vessel and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vessel. If a person removing or storing the vessel has knowledge of facts which reasonably indicate that the vessel is registered or titled in a certain other state, such person shall check the vessel records of that other state in the attempt to ascertain the identity of the owner of the vessel. (f) Upon ascertaining the owner of such vessel, the person removing or storing such vessel shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vessel of the location of such vessel and of the fact that such vessel is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner of such vessel cannot be ascertained, the person removing or storing such vessel shall place an advertisement in a newspaper of general circulation in the county where such vessel 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 vessel, its license and manufacturer's vessel identification numbers, the location from where such vessel was initially removed, the present location of such vessel, and the fact that such vessel is deemed abandoned and shall be disposed of if not redeemed. (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 vessel under the provisions of this Code section shall notify the Department of Natural Resources and the Georgia Bureau of Investigation if the vessel is recovered, is claimed by the owner, is determined to be stolen, or is for any

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reason no longer an abandoned vessel. Such notice shall be provided within seven calendar days of such event. (j) If vessel information on the abandoned vessel is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel. (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. 52-7-72. (a) Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property for a period of at least five days shall be authorized to cause such vessel to be removed to a garage or other place of safety if such peace officer reasonably believes that the person who left such vessel unattended does not intend to return and remove such vessel. (b) Any peace officer who finds a vessel which has been left unattended in or upon any public waters or other public property shall be authorized immediately to cause such vessel to be removed to a garage or other place of safety when such vessel poses a threat to public health or safety. (c) Any peace officer who, under the provisions of this Code section, causes any vessel to be removed to a garage or other place of safety shall be liable for gross negligence only. (d) (1) Any peace officer or the law enforcement agency which causes a vessel to be removed to a garage or other place of safety or which is notified of the removal of a vessel from private waters or private property shall within 72 hours from the time of removal or notice and if the owner is unknown:

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(A) Notify the Department of Natural Resources and the Georgia Crime Information Center of the description of the vessel and the location to which such vessel has been removed; and (B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel. (2) If the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vessel of such fact. 52-7-73. (a) Any person who removes or stores any vessel which is or becomes an abandoned vessel shall have a lien on such vessel for the reasonable fees connected with such removal or storage plus the cost of any advertisement. Prior to acquiring such lien, the person must have complied with the requirements of Code Section 52-7-71. (b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts. 52-7-74. All liens acquired under Code Section 52-7-73 shall be foreclosed as follows: (1) Any proceeding to foreclose a lien on an abandoned vessel must be instituted within one year from the time the lien is recorded or is asserted by retention; (2) The person desiring to foreclose a lien on an abandoned vessel shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable

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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 52-7-71 have been complied with; (3) (A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned vessel fails to respond to such demand or refuses to pay, or if the owner of the abandoned vessel cannot be ascertained, the person removing or storing the abandoned vessel may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 52-7-71 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto. (B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $5.00 per vessel upon which a lien is asserted; (4) (A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address, if known, of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vessel. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned vessel of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.

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(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted; (5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the vessel or the court shall obtain possession of the vessel, as ordered by the court. The owner-debtor may obtain possession of the vessel by giving bond and security in the amount determined to be probably due and costs of the action; (6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the vessel, although possession of the vessel may be retained; (7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vessel subject to the lien to satisfy the debt if such debt is not otherwise immediately paid; (8) If the court finds the actions of the person asserting the lien in retaining possession of the vessel were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vessel, or the lessee due to the deprivation of the use of the vessel; and (9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the

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court shall issue an order authorizing the sale of such vessel. However, the holder of a security interest in or a lien on the vessel, other than the holder of a lien created by Code Section 52-7-73, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, such person shall have the right to possession of the vessel, and that person's security interest in or lien on such vessel shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vessel. 52-7-75. (a) Upon order of the court, the person holding the lien on the abandoned vessel shall be authorized to sell such vessel at public sale, as defined by Code Section 11-1-201. (b) After satisfaction of the lien, the person selling such vessel shall turn the remaining proceeds of such sale, if any, over to the clerk of the court. 52-7-76. The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such vessel by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Natural Resources. The Department of Natural Resources shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances. 52-7-77. The clerk of the court shall retain the remaining balance of the proceeds of a sale conducted under Code Section 52-7-75, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned vessel or any interested party, then he shall pay such remaining balance as follows: (1) If the abandoned vessel came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;

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(2) If the abandoned vessel came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality; (3) If the abandoned vessel came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made; or (4) If the abandoned vessel came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. SALES AND USE TAXESEXEMPTIONS; RENTAL OF VIDEOTAPE OR MOTION PICTURE FILM. Code Section 48-8-3 Amended. No. 486 (House Bill No. 488). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relating to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking paragraph (24) and inserting in its place a new paragraph (24) to read as follows: (24) The rental of videotape or motion picture film to any person who charges an admission fee to view such film or videotape;. 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 3, 1989. CRIMES AND OFFENSESBAIL JUMPING; NOTICES; BENCH WARRANTS; FAILURE TO APPEAR; ACCUSATIONS. Code Section 16-10-51 and 17-7-90 Amended. No. 487 (House Bill No. 495). AN ACT To amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to include personal notice in writing by a court official or officer of the court within the list of the notices prescribed by Code Section 16-10-51; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime

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who has failed to appear in court after actual notice to that person in open court or notice to the person by mailing or otherwise being notified personally in writing by a court official or officer of the court; to provide that a bench warrant shall be issued for the arrest of a person charged with a crime upon the filing by the prosecutor of an accusation supported by affidavit; 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 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, is amended by striking Code Section 16-10-51 in its entirety and inserting in 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 or otherwise being notified personally in writing by a court official or officer of the court, 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 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 or otherwise being notified personally in writing by a court official or officer of the court, 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.

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(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 or otherwise being notified personally in writing by a court official or officer of the court, 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; (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;

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(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) Reserved; (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) Subsection (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 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.

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Section 2 . Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignments and pleas generally, is amended by striking Code Section 17-7-90 in its entirety and inserting in lieu thereof a new Code Section 17-7-90 to read as follows: 17-7-90. A bench warrant is a warrant issued by a judge for the arrest of a person accused of a crime by a grand jury or for the arrest of a person charged with a crime who has failed to appear in court after actual notice to the defendant in open court or notice to the person by mailing to his last known address or otherwise being notified personally in writing by a court official or officer of the court of the time and place to appear or for the arrest of a person charged with a crime upon the filing by the prosecutor of an accusation supported by affidavit. Every officer is bound to execute the warrant within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the sheriff of the county where the charge was returned may receive the bail, fix the amount of the bond, and approve the sureties unless it is a case that is bailable only before some particular judicial officer. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989.

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DRIVERS' LICENSESHANDICAPPED IDENTIFICATION CARDS; SUSPENDED, CANCELED, OR REVOKED LICENSES; RETENTION. Code Section 40-5-61 Amended. Code Section 40-5-140 through 40-5-149 Enacted. No. 488 (House Bill No. 601). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regulations; to provide for proof of birth date; to provide for an application fee; to provide for an exemption from such fee; to specify certain acts to be misdemeanors; to provide that the Department of Public Safety shall not be required to retain a license which has been suspended, canceled, or revoked; to provide for processing and reinstatement of such licenses; 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 inserting at the end thereof a new Article 7 to read as follows: ARTICLE 7 40-5-140. As used in this article, the term: (1) `Disability' means any physical, mental, or neurological impairment which severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity.

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(2) `Handicapped identification card' means an identification card issued as provided in this article. (3) `Handicapped person' means any person with a permanent or temporary disability. (4) `Permanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years. (5) `Temporary disability' means any disability which is expected to continue for at least six months but less than five years. 40-5-141. (a) The Department of Public Safety shall issue personal identification cards to handicapped persons who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The handicapped identification card shall prominently display the international handicapped symbol and, in addition to any other information required by this article, shall contain a recent color photograph of the applicant and the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Post where the identification card was issued; and

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(11) Signature of person identified. (b) The handicapped 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 applicant's 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. 40-5-142. (a) The handicapped identification card shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identification cards shall be issued to persons: (1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal. (b) The handicapped identification card shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter. 40-5-143. The face of the handicapped identification card shall prominently bear the words `URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request. 40-5-144. The face of the handicapped identification card shall bear the word `TRANSPORTATION' with a box or blank

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space adjacent thereto. The issuer of the card shall place an `X' in such box or blank space if the applicant's handicap creates mobility limitations which prevent him from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the handicapped identification card shall serve as sufficient proof of the need for special handicap transportation services provided by any entity in this state. 40-5-145. The handicapped identification card shall bear the word `SEATING' with a box or blank space adjacent thereto. The issuer of the card shall place an `X' in such box or blank space if the applicant's handicap creates mobility or health limitations which prevent him from climbing stairs or steep inclines. When so marked, the handicapped identification card shall be sufficient to admit the holder to handicapped seating at public events in this state. 40-5-146. The Board of Public Safety shall promulgate rules and regulations under which this article shall be implemented. 40-5-147. The department shall require an applicant for a handicapped identification card to furnish a birth certificate or other verifiable evidence stating the applicant's birth date. 40-5-148. (a) The department shall collect a fee of $5.00 for the handicapped identification card, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees. (b) The department shall not be authorized to collect a fee for a handicapped identification card from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36. 40-5-149. It is a misdemeanor for any person: (1) To use a false or fictitious name in any application for a handicapped identification card or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any such application;

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(2) To display or cause to be displayed or have in his possession any fictitious or fraudulently altered handicapped identification card; (3) To lend his handicapped identification card to any other person or knowingly to permit the use thereof by another; and (4) To display or represent as his own any handicapped identification card not issued to him. Section 2 . Said chapter is further amended by striking Code Section 40-5-61, relating to surrender and return of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-61 to read as follows: 40-5-61. (a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the Department of Public Safety. (b) Any person whose license has been canceled, suspended, or revoked shall immediately return his license to the department. (c) It shall be unlawful to refuse to deliver upon a legal demand any driver's license which has been canceled, suspended, or revoked. (d) When the revocation period expires, the department shall reinstate the license to the driver within 30 days. (e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, no period of revocation or suspension shall begin until the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1989. INSURANCECOMMISSIONER OF INSURANCE; RELEASE OF LIST OF REQUESTS FOR ASSISTANCE AGAINST INSURERS. Code Section 33-2-33 Enacted. No. 489 (Senate Bill No. 31). AN ACT To amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relting to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of requests for assistance against insurers which are received by the department; to provide for publication; to provide for availability of such information to other media; to provide for the contents of such list; to provide for powers, duties, and authority of the Commissioner with respect to the foregoing; to provide for public dissemination of certain other information; to provide for conditions of effectiveness; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-2-33, to read as follows: 33-2-33. (a) It shall be the duty of the Commissioner to compile and release annually for public dissemination a list of all written requests for assistance by citizens against insurers

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licensed in this state which are received by the department. Such list shall be released to the legal organ of each county and shall be a public document. (b) The list provided for in subsection (a) of this Code section shall include separate itemization of each insurer against which a request for assistance was received and of the type, category, or line of insurance involved. In addition, such list shall also include a ratio of the number of requests received against an insurer to the number of policies written or in force by such insurer or such insurer's market share or premium volume. (c) The Commissioner shall be authorized to make available for public dissemination any related or additional information which the Commissioner determines to be in the public interest. Section 2 . This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. GEORGIA PROPRIETARY SCHOOL ACTCERTIFICATES OF AUTHORIZATION. Code Title 20, Chapter 4, Article 4 Amended. No. 490 (Senate Bill No. 113). AN ACT To amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the Georgia Proprietary

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School Act, so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval; 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 4 of Title 20 of the Official Code of Georgia Annotated, known as the Georgia Proprietary School Act, is amended by striking paragraph (5) of Code Section 20-4-62, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: (5) `Notice to the school' means written correspondence sent to the address of record for legal service contained in the application for a certificate of authorization as provided for in this article. Section 2 . Said article is further amended by striking paragraphs (3) and (8) of Code Section 20-4-63, relating to exemptions from the Georgia Proprietary School Act in their entirety and substituting in lieu thereof, respectively, new paragraphs (3) and (8) to read as follows: (3) Nonprofit schools owned, controlled, operated, and conducted by religious, denominational, eleemosynary, or similar public institutions exempt from property taxation under the laws of this state; but such schools may choose to apply for a certificate of authorization under this article, and upon approval and issuance, such schools shall be subject to this article as determined by the administrator; (8) A school which is otherwise regulated and approved under and pursuant to any other law of this state, including schools under the joint-secretary of the state examining boards; provided, however, that such schools may choose to apply for a certificate of authorization under this article and upon approval and issuance shall be subject to this article as determined by the administrator; Section 3 . Said article is further amended by striking Code Section 20-4-66, relating to requirements for out-of-state schools, and

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Code Section 20-4-67, relating to applications for certificates, in their entirety and substituting in lieu thereof new Code Sections 20-4-66 and 20-4-67 to read as follows: 20-4-66. (a) Any school domiciled or having its principal place of business outside of this state that solicits to contract or contracts with any person within this state shall be required to obtain a certificate of authorization from the administrator. (b) Any contract entered into with any person for a course or courses of instruction after January 1, 1973, by or on behalf of any owner, school employee, or representative of a school subject to this article to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon. 20-4-67. (a) Schools shall make written application to the administrator for a certificate of authorization. (b) Application for a certificate of authorization shall be made on forms furnished by the administrator and shall provide such information and accompanying data as provided by rules and regulations adopted pursuant to subsection (c) of Code Section 20-4-64. (c) The administrator shall issue a certificate of authorization upon determination that an applicant school meets the requirements of Code Section 20-4-68. The administrator shall also issue a certificate of authorization to any proprietary school accredited by a regional or national accrediting agency included in the most recent listing by the United States Department of Education of approved nationally recognized accrediting agencies; provided, however, that the administrator, for cause, may revoke or deny renewal of a certificate of authorization for such schools. Section 4 . Said article is further amended by striking subsection (a) of Code Section 20-4-68, relating to criteria for the approval of certificates, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Subject to subsection (c) of Code Section 20-4-67, the administrator shall not issue a certificate of authorization to a school until and unless the administrator is satisfied that the

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school meets the minimum standards required by this article and the rules and regulations adopted pursuant thereto. Section 5 . Said article is further amended by striking Code Section 20-4-69, relating to the issuance of certificates and their renewal, in its entirety and substituting in lieu thereof a new Code Section 20-4-69 to read as follows: 20-4-69. (a) Upon review of an application for a certificate of authorization duly submitted in accordance with Code Section 20-4-67 and meeting the requirements of Code Section 20-4-68, the administrator shall issue a certificate of authorization to the applicant school. The certificate of authorization shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term of the certificate; (2) The correct name and address of the school; (3) The authority for the issuance of the certificate and the conditions of issuance, if any, referring specifically to the approved catalog or bulletin published by the school; (4) The signature of the administrator or such person as may have been designated by the administrator; and (5) Any other fair and reasonable representations consistent with this article and deemed necessary by the administrator. (b) The term for which a certificate of authorization shall be issued shall not exceed one year. (c) The certificate of authorization shall be issued to the owner of the applicant school and shall be nontransferable. In the event of a change in ownership of the school, a new owner must, within ten days after the change in ownership, apply for a new certificate of authorization.

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(d) At least 30 days prior to the expiration of a certificate of authorization, the administrator shall forward to the school a renewal application form which shall set forth any requirement by the administrator for revised or additional information necessary to enable the administrator to renew the certificate of authorization. (e) A school not yet in operation when its application for a certificate of authorization is filed may not begin operation until receipt of the certificate of authorization. Section 6 . Said article is further amended by striking subsections (a) and (c) of Code Section 20-4-70, relating to the denial of certificates, in their entirety and substituting in lieu thereof, respectively, new subsections (a) and (c) to read as follows: (a) If the administrator, upon review and consideration of an application for a certificate of authorization or for the renewal thereof, shall determine the applicant to be unacceptable, the administrator shall set forth the reasons for denial in writing to the applicant. (c) A school which is in operation when the application for a certificate of authorization is filed must suspend operations upon receipt of denial of a certificate of authorization, except as provided in subsection (b) of this Code section, for any periods in which an appeal from the determination of the administrator is pending pursuant to Code Section 20-4-73. Section 7 . Said article is further amended by striking Code Section 20-4-71, relating to revoking certificates or making issuance conditional, in its entirety and substituting in lieu thereof a new Code Section 20-4-71 to read as follows: 20-4-71. (a) The administrator may revoke an issued certificate of authorization or place reasonable conditions upon the continued validity of the certificate. Prior to revocation or imposition of conditions upon a certificate of authorization, the administrator shall notify the holder of the certificate in writing of the impending action, setting forth the grounds for the action contemplated to be taken and affording a day and date at least 30 days hence on which the holder of the certificate may be heard in response to the allegation of noncompliance with this article.

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(b) A certificate of authorization may be revoked or made conditional if the administrator has reasonable cause to believe that the school is guilty of a violation of this article or of any rules and regulations promulgated under it. (c) The administrator shall render to the school a determination in writing regarding the denial or imposition of conditions of a certificate of authorization within 30 days from the date of appearance and response by the holder of the certificate as provided in this Code section. Section 8 . Said article is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 20-4-72, relating to surety bonds, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows: (a) (1) Before a certificate of authorization is issued under this article, a blanket bond shall be provided by the school for the period during which the certificate of authorization is issued; and the obligation of the bond shall be that neither this article nor any rule or regulation adopted pursuant to this article nor any rule or regulation adopted pursuant to this article shall be violated by the school or any of its officers, agents, or employees. The bond shall be a corporate surety bond issued by a company authorized to do business in the state, conditioned that the parties thereto shall pay all damages or expenses which the state or any governmental subdivision thereof or any person may sustain resulting from any such violation. The bond shall be payable to the state for the use and benefit of the state or any person or governmental subdivision of the state which may suffer expense or damage by breach thereof. The bond shall be filed with the administrator. (2) The amount of the bond to be submitted with an application for a certificate of authorization shall be based on any one of the following computations: (A) The prepaid tuition and fees received during a given fiscal year divided by the number of semesters of training for which such payments are received when students commence training on a semesterly basis;

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(B) The prepaid tuition and fees received during a given fiscal year divided by the number of quarters of training for which such payments are received when students commence training on a quarterly basis; (C) The prepaid tuition and fees received during a given fiscal year divided by the number of months of training for which such payments are received when students commence training on a monthly basis; or (D) The prepaid tuition and fees received during a given fiscal year divided by the number of classes of training for which such payments are received when students commence training on a class basis. Section 9 . Said article is further amended by striking Code Section 20-4-73, relating to appeals from the denial of certificates, in its entirety and substituting in lieu thereof a new Code Section 20-4-73 to read as follows: 20-4-73. Any person aggrieved by a decision of the administrator respecting the denial, revocation, or conditioning of a certificate of authorization pursuant to Code Section 20-4-70 or 20-4-71 shall have the right to appeal such decision in accordance with the following provisions: (1) If upon written notification of proposed action by the State Board of Education the school desires to contest the action, the school shall notify the state board in writing, within 15 days after the date of receipt of the official notice of the administrator, of the desire to be heard, and the school shall be given a hearing before the state board; (2) Within 21 days after the request for hearing made by the school, the state board shall fix a time and place of hearing, which shall be held before the proposed action becomes effective; (3) At such hearing the school may employ counsel, if desired, and shall have the right to hear the evidence upon which the charges are made, to cross-examine all adverse witnesses, and to present evidence in opposition thereto or in extenuation;

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(4) If a school, upon notification of the proposed action, fails to request a hearing within 15 days thereafter or after a hearing as provided in this Code section, the state board's determination shall be entered as an order and shall stand as final and definitive; and (5) If the state board denies or revokes a certificate of authorization, the school shall have the right to appeal such action to the state courts in accordance with Chapter 13 of Title 50. Section 10 . Said article is further amended by striking Code Section 20-4-75, relating to a list of schools to which certificates have been issued, in its entirety and substituting in lieu thereof a new Code Section 20-4-75 to read as follows: 20-4-75. The administrator shall maintain a list of schools which have been issued certificates of authorization under this article. The list shall be available for the information of the public. Section 11 . Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 20-4-79, relating to prohibited acts and penalties, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Operate a school without a certificate of authorization issued by the administrator or use the words `college' or `university' in the name of a school located in Georgia unless the school was doing so prior to July 1, 1985; Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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INSURANCEMOTOR VEHICLE INSURANCE; INSURANCE INSTITUTIONS OR AGENTS; USE OF INFORMATION IN MAKING UNDERWRITING DECISIONS. Code Section 33-39-13 Amended. No. 491 (Senate Bill No. 127). AN ACT To amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy or has not purchased such a policy during a certain time period preceding the date of application; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, is amended by striking Code Section 33-39-13, relating to the limitation of adverse underwriting decisions, and inserting in its place a new Code Section 33-39-13 to read as follows: 33-39-13. (a) No insurance institution or agent may base an adverse underwriting decision in whole or in part: (1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;

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(2) On personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization. (b) With respect to a personal or family type policy of motor vehicle insurance, no insurance institution or agent may base an adverse underwriting decision solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance or has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. ELECTIONSDATE OF GENERAL PRIMARY; QUALIFICATION OF CANDIDATES; FEES; NOTICES; WITHDRAWAL OF NOMINATED CANDIDATES; CONVENTIONS. Code Title 21, Chapter 21 Amended. No. 492 (Senate Bill No. 165). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to change the date of the general primary; to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to the fixing and publishing of qualification

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fees; to change the provisions relating to the filing of notice of candidacy, nomination petition, and affidavit; to change the provisions relating to the restriction on nominated candidate's withdrawal and filling of vacancy following withdrawal; to change the provisions relating to the date of the general primary; to change the provisions relating to qualification of candidates for party nomination in a primary; to change the provisions relating to certification of political party candidates; to change the provisions relating to the nomination of presidential electors and candidates of political bodies by convention; to change the provisions relating to preparation and delivery of ballots, envelopes, and other supplies; 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 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, is amended by striking in its entirety Code Section 21-2-131, relating to the fixing and publishing of qualification fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows: 21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any

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

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(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 third 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; (3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election. Section 2 . Said chapter is further amended by striking in their entirety subsections (a) through (d) of Code Section 21-2-132, relating to the filing of notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof new subsections (a) through (d) to read as follows: (a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a

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nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section. (b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall comply with the requirements of subsections (b.1) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. (b.1) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April; (2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April. (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:

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(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of

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candidacy and a nomination petition as required by this chapter; (4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. Section 3 . Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to the restriction on nominated candidate's withdrawal and on filling of vacancy following withdrawal, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows: 21-2-134. (a) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate. (b) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (1) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for

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the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose; (2) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the

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vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; and (3) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such

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other persons as the committee or subcommittee may desire to consult. (c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the death or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540. (e) In the event a candidate dies or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner: (1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and

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(2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the death or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths. Section 4 . Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and date of the nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows: 21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.

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(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. Section 5 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new subsection (c) to read as follows: (c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary. Section 6 . Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows: 21-2-154. At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. Section 7 . Said chapter is further amended by striking in its entirety subsection (e) of Code Section 21-2-172, relating to the nomination of presidential electors and candidates of political bodies

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by convention, and inserting in lieu thereof a new subsection (e) to read as follows: (e) A convention for the purpose of nominating candidates shall be held at least 150 days prior to the date on which the general election is conducted. Section 8 . Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to the holding of conventions, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows: 21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the second Tuesday in July following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot. Section 9 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-384, relating to preparation and delivery of ballots, envelopes, and other supplies, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 45 days prior to any primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, deliver or mail official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall deliver or mail official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that a ballot shall not be mailed to an applicant whose application is received within a period of five days prior to the primary or election and whose mailing address is located over 300

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miles from the main office of the board of registrars; and provided, further, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor. The registrar may deliver on the day of a primary or election an absentee ballot to a person confined to a hospital. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. WATERCRAFTDISCHARGE OF SEWAGE FROM VESSELS ON LAKE SIDNEY LANIER; VESSELS CONSTRUCTED ON OR BEFORE JANUARY 1, 1978. Code Section 52-7-8.1 Amended. No. 493 (Senate Bill No. 309). AN ACT To amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, so as to provide that the provisions applicable to the discharge of sewage from vessels on Lake Sidney Lanier shall apply to vessels constructed on or before January 1, 1978, in accordance with rules adopted by the Board of Natural Resources to provide

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a reasonable extension for such vessels to comply with certain provisions of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on Lake Sidney Lanier, is amended by adding a new subsection at the end thereof, to be designated subsection (j), to read as follows: (j) The provisions of this Code section shall apply to any vessel constructed on or before January 1, 1978, in accordance with rules adopted by the Board of Natural Resources to provide a reasonable extension for such vessels to comply with the provisions of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. PUBLIC SERVICE COMMISSIONSTUDY OF STATE-WIDE DUAL PARTY TELEPHONE RELAY SYSTEM FOR HEARING OR SPEECH IMPAIRED PERSONS. Code Section 46-5-30 Enacted. No. 494 (Senate Bill No. 310). AN ACT To amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to require the Public Service Commission to undertake a study of the feasibility of establishing, administering, and promoting a state-wide

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dual party telephone relay system for the utilization of basic telecommunication services by hearing impaired persons and speech impaired persons; to provide for the contents of such study; to provide that such study shall be provided to the General Assembly not later than December 1, 1989; 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 46 of the Official Code of Georgia Annotated, relating to telephone service, is amended by adding a new part immediately following Part 1, to be designated Part 1A, to read as follows: Part 1A 46-5-30. The commission shall undertake a study of the feasibility of establishing, administering, and promoting a state-wide dual party telephone relay system to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. Such study shall include a thorough and complete analysis of the state-wide need for such a system as well as the projected cost of establishing, administering, and promoting such system. Such report shall be provided to the General Assembly not later than December 1, 1989. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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ELECTIONSELECTION SUPERINTENDENTS AND REGISTRARS; TRAINING; PENALTIES. Code Sections 21-2-211 and 21-3-120 Amended. No. 495 (House Bill No. 62). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election superintendents and registrars; to provide for penalties; to provide for exceptions and waivers; 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 adding a new subsection at the end of Code Section 21-2-211, relating to appointment and compensation of county registrars, to be designated subsection (e), to read as follows: (e) (1) On and after January 1, 1990, the election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (2) The basis for the minimum requirement of training shall be two calendar years. (3) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in his discretion, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State.

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(4) The cost of the training shall be borne by the governing authority of each county from county funds. (5) The minimum training required under this Code section shall not apply to deputy registrars. Section 2 . Said title is further amended by adding a new subsection at the end of Code Section 21-3-120, relating to the appointment and compensation of municipal registrars and deputy registrars, to be designated subsection (g), to read as follows: (g) (1) On and after January 1, 1990, the election superintendent and at least one registrar shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (2) The basis for the minimum requirement of training shall be two calendar years. (3) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in his discretion, upon the presentation of evidence by the election superintendent or registrar that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (4) The cost of the training shall be borne by the municipal governing authority from municipal funds. (5) The minimum training required under this Code section shall not apply to deputy registrars. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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ELECTIONSDEPUTY REGISTRARS AT PERMANENT ADDITIONAL VOTER REGISTRATION SITES. Code Section 21-2-213 Amended. No. 496 (House Bill No. 63). AN ACT To amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Notwithstanding any other provision of law, public employees in a governmental building used as a permanent additional voter registration site or employees of a business used as a permanent additional voter registration site who are not residents of the county in which such permanent additional voter registration site is located may serve as deputy registrars at such site, but such deputy registrars shall be limited to registering only those electors who make application at such permanent additional voter registration site and who are qualified residents of the county in which the additional voter registration site is located. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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ELECTIONSREGISTRATION; IDENTIFICATION CARDS. Code Section 21-2-217 Amended. No. 497 (House Bill No. 72). AN ACT To amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, is amended by adding at the end thereof a new subsection, to be designated subsection (h), to read as follows: (h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signature, the date of the voter's registration, the name of the voter's precinct, the location of the precinct, and the number of the voter's congressional district, state Senate district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the procedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's election district or precinct changes, then a new card shall be issued. The Secretary of State shall provide such

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cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such cards contain the information set forth in this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. GEORGIA STUDENT FINANCE COMMISSIONBOARD OF COMMISSIONERS; COMPENSATION. Code Section 20-3-234 Amended. No. 498 (House Bill No. 161). AN ACT To amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, so as to increase the compensation of the commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, is amended by striking in its entirety subsection (g), which reads as follows: (g) Public commissioners shall receive as compensation for their services a per diem of $44.00 plus actual expenses incurred for each day's service or portion thereof spent in the performance of their duties under this part; provided, however,

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that per diem compensation shall be limited to 12 days during any fiscal year for public commissioners other than the chairman and the vice-chairman and 18 days during any fiscal year for public commissioners who are serving as chairman or as vice-chairman of the commission. Public commissioners are authorized to travel outside the state when required to do so in the performance of their duties under this part and to attend meetings sponsored or conducted by the United States or by an association of state agencies, authorities, or commissions whose duties are comparable to the duties of the commission when their attendance at or participation in such meetings will likely be of value and benefit to the commission and to the board of commissioners in the performance of their duties under this part. Members of the commission who are state officials shall not be paid a per diem but shall be reimbursed for actual expenses incurred by them in the performance of their duties under this part., and inserting in lieu thereof a new subsection (g) to read as follows: (g) Public commissioners shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the commission or for each day of travel, within or outside the state, as a member of the commission, which travel has been authorized by the chairman or by action of the commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting. No member of the commission shall be authorized to receive the sums, expenses, and costs provided by this subsection for more than 18 days per year. Members of the commission who are state officials shall not be paid a per diem but shall be reimbursed for actual expenses incurred by them in the performance of their duties under this part. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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INSURANCEAGENTS, BROKERS, COUNSELORS, AND ADJUSTERS; LICENSES; AGENTS HOLDING LICENSES FOR LIFE AND ACCIDENT AND SICKNESS LINES; RECORDS; COMMISSION PAYMENTS. Code Title 33, Chapter 23 Amended. No. 499 (House Bill No. 175). AN ACT To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines; to clarify the lines of insurance covered by a broker's license; to provide that commission payments from agents and insurers shall be to brokers licensed in this state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, is amended by striking in its entirety subsection (a) of Code Section 33-23-13, relating to the grounds and procedures for refusing of renewal, suspending, or revoking licenses for life and accident and sickness insurance lines, which reads as follows: (a) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if, after notice and hearing as provided in subsection (b) of this Code section, he finds that the applicant for or holder of the license: (1) Has willfully violated any provision of the insurance laws of this state;

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(2) Has intentionally made any material misstatement in the application for the license; (3) Has obtained or attempted to obtain the license by fraud or misrepresentation; (4) Has misappropriated, converted to his own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (5) Has otherwise demonstrated lack of trustworthiness or competence to act as an agent or counselor; (6) Has been guilty of fraudulent or dishonest practice; (7) Has materially misrepresented the terms and conditions of insurance policies or contracts; (8) Has made, issued, or caused to be made or issued any statement misrepresenting or making incomplete comparisons regarding the terms or conditions of any insurance contract legally issued by any insurer for the purpose of inducing or attempting to induce the owner of the contract to forfeit or surrender the contract or allow it to lapse for the purpose of replacing the contract with another; or (9) Has obtained or attempted to obtain the license not for the purpose of holding himself out to the general public as an agent or counselor but primarily for the purpose of soliciting, negotiating, or procuring insurance contracts covering himself or members of his family or the officers, directors, stockholders, partners, or employees of a partnership, association, or corporation of which he or a member of his family is an officer, director, stockholder, partner, or employee., and inserting in its place a new subsection (a) to read as follows: (a) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if, after notice and hearing as provided in subsection (b) of this Code section, he finds that the applicant for or holder of the license:

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(1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of insurance policies or contracts; (7) Has failed to pass an examination pursuant to this article; (8) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (9) Is not in good faith carrying on business as an agent or counselor, but, on the contrary, is holding such license for the purpose of securing rebates or commissions on controlled business; or (10) Has shown lack of trustworthiness or lack of competence to act as an agent or counselor. Section 2 . Said chapter is further amended by adding immediately following Code Section 33-23-22 two new Code sections, to be designated Code Sections 33-23-23 and 33-23-24, to read as follows: 33-23-23. (a) Any agent or other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract; and the amount shall likewise be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor.

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(b) All funds representing premiums received or return premiums due the insured by any agent shall be accounted for in his fiduciary capacity, shall not be commingled with his personal funds, and shall be promptly accounted for and paid to the insurer, insured, or agent as entitled to such funds. Nothing contained in this Code section shall be deemed to require any agent to maintain a separate bank deposit for the funds of each principal, if the funds so held for each principal are reasonably ascertainable from the books of accounts and records of the agent. 33-23-24. (a) Every agent shall keep at his address as shown on his license or at the insurer's regional or home office situated in this state a record of all transactions consummated under his license. The record shall be in organized form and shall include: (1) A record of each insurance contract procured, issued, or countersigned together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and (2) The names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid. (b) All records as to any particular transaction shall be kept for a term of three years beginning immediately after the completion of the transaction or the term of the contract, whichever is longer. Section 3 . Said chapter is further amended by striking in its entirety Code Section 33-23-52, relating to issuance of brokers' licenses, and inserting in its place a new Code Section 33-23-52 to read as follows: 33-23-52. A broker's license shall be issued to cover all kinds of insurance, as such term is defined in this article. The Commissioner shall not issue a broker's license limited to particular kinds of insurance. Section 4 . Said chapter is further amended by striking in its entirety Code Section 33-23-62, relating to grounds for refusal of

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renewal, suspension, or revocation of licenses in property and casualty insurance lines, which reads as follows: 33-23-62. A license may be refused or a license duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner, if he finds that the applicant for or holder of the license: (1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted, or unlawfully withheld money belonging to an insurer or an insured; (5) Has materially misrepresented the provisions of an insurance policy; (6) Has committed fraudulent or dishonet practices in the business of insurance; (7) Has been convicted by final judgment in any state or federal court of a felony involving moral turpitude; (8) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk; (9) Has failed to pass an examination required pursuant to this article; (10) Has willfully failed to comply with or has willfully violated any proper order, rule, or regulation issued by the Commissioner; (11) Has failed or refused upon demand to pay over to an insurer that he represents or has represented any money coming into his hands and belonging to the insurer;

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(12) Has otherwise shown lack of trustworthiness or lack of competence to act as an agent; or (13) Is not in good faith carrying on business as an agent but, on the contrary, is holding his license for the purpose of securing rebates or commissions on controlled business., and inserting in its place a new Code Section 33-23-62 to read as follows: 33-23-62. A license may be refused or a license duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner, if he finds that the applicant for or holder of the license: (1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of insurance policies or contracts; (7) Has failed to pass an examination pursuant to this article; (8) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (9) Is not in good faith carrying on business as an agent, broker, or counselor, but, on the contrary, is holding

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such license for the purpose of securing rebates or commissions on controlled business; (10) Has shown lack of trustworthiness or lack of competence to act as an agent, broker, counselor, adjuster, or solicitor; or (11) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk. Section 5 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 33-23-71, relating to the authority of brokers generally and payments involving commissions, and inserting in its place a new subsection (b) to read as follows: (b) An insurer or agent shall have the right to pay to a broker licensed under this article and such broker shall have the right to receive from the insurer or agent the customary commissions upon insurance placed in the insurer by the broker. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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INSURANCEBROKERS; UNAUTHORIZED INSURERS; FINANCIAL INFORMATION; PLACEMENT OF INSURANCE; ALIEN INSURERS. Code Section 33-5-25 Amended. No. 500 (House Bill No. 181). AN ACT To amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized insurer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers; to provide conditions for the placement of insurance; to provide that placements with alien insurers shall be conditioned upon financial and seasoning requirements unless the financial integrity of an alien insurer meets regulatory standards of the Commissioner of Insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized insurer, is amended by striking in their entirety subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows: (a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insurance with any insurer who does not meet, according to current available reliable financial information, the requirements provided in subsection (b) of this Code section. (b) The broker shall so insure only: (1) With a foreign insurer having capital and surplus amounting to at least $3 million;

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(2) With an alien insurer which has been established for at least ten years and which has at least $10 million in capital and surplus, unless the character, trustworthiness, and financial integrity of an alien insurer is of such a nature that it would be in the best interests of the policyholders and the general public to use such insurer in accordance with standards prescribed by rules and regulations of the Commissioner; or (3) With any group of foreign or alien individual underwriters, including, but not limited to, any Lloyd's group, or with any other similar unincorporated group of foreign or alien individual insurers if such group maintains a trust or security fund of at least $10 million United States dollars as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group. 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, 1989.

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INSURANCEPROPERTY AND CASUALTY INSURERS; QUALIFIED INDEPENDENT LOSS RESERVE SPECIALISTS. Code Section 33-3-21.2 Enacted. No. 501 (House Bill No. 182). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization for general requirements for transaction of insurance, so as to provide for a definition; to require certain property and casualty insurers to engage qualified independent loss reserve specialists; to provide for the duties of such specialists; to provide for reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization for general requirements for transaction of insurance, is amended by adding, following Code Section 33-3-21.1, a new Code Section 33-3-21.2 to read as follows: 33-3-21.2. (a) As used in this Code section, the term `qualified independent loss reserve specialist' means a person who is not an employee, principal, director, or indirect owner of the insurer and either is a member of the casualty actuarial society or possesses such other experience acceptable to the Commissioner to assure a professional opinion on the adequacy of the loss and loss adjustment expense reserves of the insurer. (b) Every property and casualty insurer required to file an annual report with the Commissioner which has not filed a statement of opinion relating to loss and loss adjustment expense reserves in connection with its last annual statement on file with the department shall engage, whenever the insurer's loss and loss adjustment expense reserves are outside the standard or average range as designated by the Commissioner and based upon reliable

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and credible current information, a qualified independent loss reserve specialist to analyze the adequacy of such reserves and file a report with the Commissioner on a date to be specified by the Commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. INSURANCEGROUP ACCIDENT AND SICKNESS INSURANCE; GRACE PERIOD FOR PAYMENT OF PREMIUMS. Code Section 33-30-4 Amended. No. 502 (House Bill No. 207). AN ACT To amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any premium except the first premium; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, is amended by striking at the end of paragraph (3) the word and, by striking the period at the end of paragraph (4) and inserting in its place the following ; and, and by adding a new paragraph (5) to read as follows:

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(5) A provision that the policyholder is entitled to a grace period of not less than 31 days for the payment of any premium due except the first, during which grace period the policy shall continue in force unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such grace period. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. INSURANCELIABILITY OR CASUALTY INSURANCE; INFORMATION FURNISHED TO CLAIMANTS UPON REQUEST. Code Section 33-3-28 Enacted. No. 503 (House Bill No. 216). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, is amended by adding at the end thereof a new Code Section 33-3-28 to read as follows: 33-3-28. (a) (1) Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information. The claimant's request shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail. (2) The insured within 30 days of receiving a written request from a claimant or the claimant's attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim. (b) If the request provided in subsection (a) of this Code section contains information insufficient to allow compliance, the insurer or insured upon whom the request was made may so state in writing, stating specifically what additional information is needed, and such compliance shall constitute compliance with this Code section. (c) The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall not create a waiver of any defenses to coverage available to the insurer and shall not be admissible in evidence unless otherwise admissible under Georgia law. (d) The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall be amended upon the discovery of facts inconsistent with or in addition to the information provided.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. EDUCATIONSTATE BOARD OF EDUCATION; MEMBERS; ANNUAL PUBLIC HEARINGS. Code Section 20-2-5.1 Enacted. No. 504 (House Bill No. 221). AN ACT To amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district; to provide procedures, requirements, and other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by adding immediately following Code Section 20-2-5 a new Code Section 20-2-5.1 to read as follows: 20-2-5.1. (a) Each member of the State Board of Education shall hold one or more public hearings annually in the respective congressional district from which the member was appointed. The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the

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congressional district regarding the performance and problems of public education within the congressional district. The public hearing will be held in an appropriate public building located within the respective congressional district. Each board member shall attempt to hold the public hearings at locations throughout such member's respective congressional district. The public hearing will begin at 7:00 P.M. if held on Monday through Friday or at 10:00 A.M. if held on Saturday. No public hearing required by this Code section shall be held on Sunday. (b) A member of the State Board of Education holding a public hearing required by this Code section shall: (1) Cause a notice of the date, time, place, and purpose of the public hearing to be published in the official legal organ of each county wholly or partially within the congressional district at least once during each of two consecutive weeks immediately preceding the week during which the hearing is held; (2) Issue a press release to the print and broadcast media serving the congressional district announcing the date, time, place, and purpose of the public hearing; and (3) Take such other action as may be necessary to bring the public hearing to the attention of the public and to encourage public attendance at and participation in the public hearing. (c) A member of the State Board of Education shall constitute a committee of one for the purpose of holding a public hearing required by this Code section and, in connection therewith, shall be entitled to receive the per diem and expenses provided for by Code Section 20-2-9. (d) The costs incurred in holding public hearings required by this Code section shall come from funds appropriated or available to the State Department of Education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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INSURANCEVEHICLE SERVICE AGREEMENTS; EXTENDED WARRANTY AGREEMENTS; REGULATION. Code Section 33-7-6 Amended. No. 505 (House Bill No. 314). AN ACT To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to forms of property insurance, so as to provide that the Commissioner of Insurance shall be specifically empowered to promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements; to provide that such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints; 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 forms of property insurance, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) The Commissioner shall have the power and authority to promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements as described in paragraph (1) of subsection (b) of this Code section. Such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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GEORGIA ADMINISTRATIVE PROCEDURE ACTCOMMISSIONER OF INSURANCE; RULES. Code Section 50-13-21 Amended. No. 506 (House Bill No. 358). 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 the Commissioner of Insurance, when performing the rule-making duties of Commissioner of Insurance, shall be subject to the Georgia Administrative Procedure Act in addition to other laws; 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 in its entirety Code Section 50-13-21, relating to compliance with filing and hearing requirements for regulations, standards, and plans by the Safety Fire Commissioner and Commissioner of Insurance, and inserting in its place a new Code Section 50-13-21 to read as follows: 50-13-21. As to such regulations, standards, and plans as are required by law to be filed and kept on file with the office of the Secretary of State, the Commissioner of Insurance, when performing the duties as Safety Fire Commissioner, may comply with the filing requirements of this chapter by filing with the office of the Secretary of State merely the name and deisgnation of such regulations, standards, and plans, provided the regulations, standards, and plans are kept on file in the office of the Commissioner of Insurance by the titles otherwise applicable under this chapter and the regulations, standards, and plans are open for public examination and copying. The Commissioner of Insurance, when performing the duties as Safety Fire Commissioner, may also satisfy the procedure for conduct of hearings on contested cases and rule making required under this chapter by

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following Chapter 2 of Title 33. The Commissioner of Insurance, when performing the duties as Commissioner of Insurance, may satisfy the procedure for conduct of hearings on contested cases required under this chapter by following Chapter 2 of Title 33. When the Commissioner of Insurance is performing rule-making duties as Commissioner of Insurance, he shall satisfy the procedures required under this chapter and under Chapter 2 of Title 33. In the event of any conflicts between rule-making procedures of this chapter and Chapter 2 of Title 33 as it respects duties of the Commissioner of Insurance, this chapter shall govern. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. ELECTIONSWRITE-IN CANDIDATES; ELIGIBILITY; NOTICES OF INTENT OF CANDIDACY. Code Sections 21-2-133 and 21-3-105 Amended. No. 507 (House Bill No. 408). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the published notice of intent of candidacy with certain election officials; to require certain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials; to provide that certain persons shall not be eligible as municipal write-in candidates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-133, relating to notice of intent of write-in candidacy, and inserting in its place a new Code Section 21-2-133 to read as follows: 21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or (2) In a general or special election of county officers, to the superintendent of elections in the county in which he is to be a candidate and by publication in the official organ of the same county. (b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1) or (2) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. (c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. (d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary.

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(e) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State. Section 2 . Said title is further amended by striking Code Section 21-3-105, relating to notice of intent of municipal write-in candidacy, and inserting in its place a new Code Section 21-3-105 to read as follows: 21-3-105. (a) In a general or special municipal election, no person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the election, to the mayor or similar officer of the municipality and by publication in the official gazette of the municipality holding the election. (b) In addition to the requirements contained in subsection (a), the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the mayor or similar officer of the municipality, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. (c) No person shall be eligible as a write-in candidate in a special or general municipal primary, a special or general municipal primary runoff, or in a special or general municipal election runoff. (d) No person shall be eligible as a write-in candidate in a general or special municipal election if such person was a candidate for nomination or election to the same office in the immediately preceding municipal primary.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. EDUCATIONCOUNTY BOARDS OF EDUCATION; GROUP MEDICAL AND DENTAL INSURANCE. Code Section 20-2-55 Amended. No. 508 (House Bill No. 440). AN ACT To amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize local boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto; to provide for certain tax expenditures for such insurance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, is amended by striking subsection (b) thereof, and inserting in its place a new subsection to read as follows: (b) (1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45.

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The remainder of such insurance cost shall be paid as an employee contribution by those members of the local board of education who elect to participate in the insurance offered by that board, based upon whether those members elect family or individual coverage. (2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of subsection (b) of this Code section upon such person's ceasing to serve as a member of a local board of education. Such expenditure for the employer contribution shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education. 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, 1989.

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QUALITY BASIC EDUCATION ACTMIDTERM ADJUSTMENTS; MIDDLE SCHOOL GRANTS. Code Section 20-2-162 Amended. No. 509 (House Bill No. 449). AN ACT To amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the Quality Basic Education Act, so as to provide for midterm adjustments relative to school systems that qualify for middle school grants; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the Quality Basic Education Act, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) A midterm adjustment shall be made for any local school system which qualifies for the middle school grant and is in the first year of operation of a middle school program which satisfies all criteria set forth in Code Section 20-2-290 as well as any additional criteria established through policy of the State Board of Education. The amount of such midterm adjustment shall be calculated in the same manner as is specified in Code Section 20-2-290 for school systems which have qualified for the middle school grant by operating middle school programs for one or more prior years. To be eligible to receive this midterm adjustment, a local school system must also meet the following requirements: (1) The local school system must submit an application to the State Board of Education during the fiscal year prior to the year of implementation of the qualifying program, adhering to application procedures and deadlines established by the state board; and

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(2) The Department of Education must verify that the middle school program meets all established criteria through site visits to each school for which application has been made to be conducted no later than December 1 of the school year in which the middle school program is implemented. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. INSURANCEFARMERS' MUTUAL FIRE INSURANCE COMPANIES; DEPOSITS OF FUNDS; INSURANCE RETAINED. Code Sections 33-16-4 and 33-16-14 Amended. No. 510 (House Bill No. 484). AN ACT To amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, is amended by striking paragraph (3) of subsection (b) of Code Section 33-16-4, relating to the issuance of certificates of authority, and inserting in its place a new paragraph (3) to read as follows:

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(3) There is on deposit to its credit, in a bank located in the county of its domicile, funds representing a surplus of its assets over its liabilities in the amount of not less than $10,000.00; provided, however, that if such company writes an amount of insurance coverage of $7 million or more, the deposit of funds representing a surplus of its assets over its liabilities shall be an amount not less than $30,000.00; . Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 33-16-14, relating to limitations on amounts of risk, and inserting in its place a new subsection (a) to read as follows: (a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule: Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 $ 2,000 250,000 but less than 400,000 2,500 400,000 but less than 600,000 3,000 600,000 but less than 900,000 4,000 900,000 but less than 1,200,000 5,000 1,200,000 but less than 1,500,000 5,500 1,500,000 but less than 2,000,000 6,000 2,000,000 but less than 2,500,000 7,000 2,500,000 but less than 3,000,000 8,000 3,000,000 but less than 3,500,000 9,000 3,500,000 but less than 7,000,000 10,000 7,000,000 and over 30,000. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989.

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QUALITY BASIC EDUCATION ACTFUNDING FOR DIRECT INSTRUCTIONAL COSTS. Code Section 20-2-167 Amended. No. 511 (House Bill No. 629). AN ACT To amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the Quality Basic Education Act, so as to change the provisions relating to funding for direct instructional costs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the Quality Basic Education Act, is amended by striking paragraph (1) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161. `Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. The direct instructional costs for the kindergarten program and primary grades program shall be summed into one amount for the early elementary grades. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on the direct instructional costs of such program, except as modified in this paragraph. For

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each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amount shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. Inthe event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 90 percent amount for the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, however, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amount for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 90 percent amount for direct instructional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. PUBLIC SERVICE COMMISSIONJURISDICTION; MUNICIPALLY OWNED NATURAL GAS TRANSMISSION AND DISTRIBUTION FACILITIES. Code Section 46-2-20 Amended. No. 512 (House Bill No. 788). AN ACT To amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, so as to change certain provisions relating to the power and authority of the Public Service Commission to prescribe rules and regulations for the safe installation and safe operation of all gas transmission and distribution facilities within this state; to provide that such power and authority of the commission shall extend to all natural gas transmission and distribution facilities which are owned and operated by municipalities within this state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, is amended by striking subsection (i) in its entirety and inserting in lieu thereof a new subsection (i) to read as follows: (i) The commission shall have the power and authority to prescribe rules and regulations for the safe installation and safe

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operation of all natural gas transmission and distribution facilities within this state, including, without limitation, all natural gas transmission and distribution facilities which are owned and operated by municipalities within this state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1989. HIGHWAYS, BRIDGES, AND FERRIESMAXIMUM LENGTH OF VEHICLES AND SEMITRAILERS; BIMODAL SEMITRAILERS; WEIGHT PER AXLE; SEMITRAILER REAR-END PROTECTION DEVICES. Code Sections 32-6-24 and 32-6-26 Amended. No. 513 (House Bill No. 53). AN ACT To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to increase the maximum overall length of vehicles and semitrailers authorized; to revise the maximum weight per axle authorized for bimodal semitrailers; to provide limitations; to provide a definition; to provide that the semitrailer shall be equipped with a rear-end protection device; to change certain provisions relating to the maximum weight load on any tendem axle; 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 32 of the Official Code of Georgia Annotated, relating to dimensions and weight for

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vehicles and loads, is amended by striking paragraph (1) of subsection (a) and subsection (b) of Code Section 32-6-24, relating to the length of vehicles and loads, in their entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) and a new subsection (b) to read as follows: (1) As used in this article, the term: (A) `Bimodal semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails. (B) `Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination. (C) `Semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported. (D) `Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor. (E) `Truck tractor' shall be defined as the non-cargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (b) (1) As used in this subsection, the term `processing plant' means a business engaged in manufacturing poles and pilings for commercial purposes.

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(2) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. In addition to the single trip permits so required in this paragraph for vehicles exceeding 75 feet in length, an annual permit for these vehicles may be secured if the motor vehicles are transporting poles and pilings from the woods to the processing plant or transporting poles for utility companies when such poles cannot be readily dismantled or separated. (3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to automobile carriers. (4) Vehicles transporting live poultry shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to vehicles hauling live poultry. (5) Flat-bed van carriers shall not carry a load exceeding 63 feet in length and shall be clearly labeled with a permanent sign which shall be attached to the rear of the carrier and which shall be marked in letters at least 12 inches high. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed van carriers. (6) On highways designated by the department pursuant to paragraph (2) of subsection (a) of this Code section, vehicles not otherwise lawful under Code Section 32-6-25 or this subsection or so authorized by a permit issued pursuant to Code Section 32-6-28, consisting of a truck tractor and semitrailer combination up to 67 1/2 feet in overall length may be operated if:

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(A) The semitrailer does not exceed 53 feet in length and if the distance between the kingpin of the semitrailer and the axle of the semitrailer does not exceed 41 feet. This 41 foot distance shall be measured between the kingpin and the midway point between the axles which comprise the rearmost tandem axle, if the rearmost axle on the semitrailer is a tandem axle, or between the kingpin and the center of the rearmost axle, if the rearmost axle on the semitrailer is a single axle. For purposes of this paragraph, the term `kingpin' means a pin or peg designed to be locked into a fifth wheel of a truck tractor to attach a semitrailer to such truck tractor; and (B) The semitrailer is equipped with a rear-end protection device of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 22 inches from the surface as measured with the vehicle empty and on a level surface. Section 2 . Said article is further amended by striking paragraphs (1) and (2) of subsection (c) of Code Section 32-6-26, relating to weights of vehicles and loads, and inserting in their places new paragraphs (1) and (2) to read as follows: (1) (A) On all highways within this state which are not national highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; the maximum load on any tandem axle shall be 37,340 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicles is equipped. (B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized for the

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vehicle and load shall be determined by applying the state bridge formula. (C) For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds. (2) Reserved. Section 3 . Said article is further amended by adding a new subsection (j) at the end of Code Section 32-6-26, relating to the weight of vehicles and loads, to read as follows: (j) Except as provided in subsections (f) and (h) of this Code section, weight limits and axle definitions for any bimodal semitrailer, semitrailers, and trailers operated on highways and public roads within this state shall be weight limits and axle definitions authorized by federal law governing national highways. 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 4, 1989. JOINT EVIDENCE STUDY COMMITTEECREATION. No. 2 (House Resolution No. 317). A RESOLUTION Creating the Joint Evidence Study Committee; and for other purposes.

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WHEREAS, the General Assembly of Georgia, during its 1987 Session, passed House Resolution No. 194, which endorsed a comprehensive study and comparison of the Georgia laws of evidence with the Federal Rules of Evidence, to be undertaken by the State Bar of Georgia; and WHEREAS, said resolution called for the State Bar of Georgia, acting through its appropriate committees, to submit to the General Assembly upon completion of the study, a report containing such recommendations as it deemed desirable; and WHEREAS, the Georgia Evidence Study Committee of the State Bar of Georgia has completed its report and recommendations to the Board of Governors of the State Bar of Georgia; and WHEREAS, the Board of Governors of the State Bar of Georgia, on December 3, 1988, has approved, in principle, the report of the Georgia Evidence Study Committee and also the introduction during the 1989 Session of the General Assembly of Georgia of appropriate legislation based upon the Committee's report; and WHEREAS, legislation based on the report of the Georgia Evidence Study Committee has been introduced in the form of legislation as Senate Bill No. 336. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Evidence Study Committee. The Committee shall consist of 15 members as follows: (1) Five members of the House of Representatives appointed by the Speaker of the House; (2) Five members of the Senate appointed by the President of the Senate; and (3) Five members of the State Bar of Georgia appointed by the President of the State Bar of Georgia. BE IT FURTHER RESOLVED that there shall be co-chairs of the Committee. One co-chair shall be designated by the Speaker of the House from the members appointed by that officer and the other co-chair shall be designated by the President of the Senate from the

Page 699

members appointed by that officer. The Committee shall meet on the call of the co-chairs. The Committee may elect such other officers from its own membership as may be necessary or desirable. BE IT FURTHER RESOLVED that it shall be the duty of the Committee to study the Report of the Georgia Evidence Study Committee which has been introduced in the form of legislation as Senate Bill No. 336 and make appropriate recommendations thereon. Such study shall include, but shall not be limited to, whether it would be in the best interests of the bench, the bar and the general public of Georgia to adopt, in whole or in part, the provisions of the Federal Rules of Evidence, with any appropriate modifications, as a clearer, simpler and more comprehensive approach to evidentiary issues than existing Georgia law. BE IT FURTHER RESOLVED that the legislative members of the Committee shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees for carrying out their duties as members of the Committee. The State Bar of Georgia may provide for the reimbursement of expenses of its respective appointees in such manner as such association shall determine. Each member of the Committee shall be authorized to meet for not more than fifteen (15) days to carry out the purposes of this resolution unless additional days are authorized by both the Speaker of the House and the President of the Senate. The co-chairs of the Committee shall be authorized to create subcommittees from the membership of the Committee. BE IT FURTHER RESOLVED that the Committee may conduct such meetings at such places and times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties and accomplish the objectives and purposes of this resolution. Except as otherwise provided in this resolution, the funds required to carry out the purposes of this resolution shall come from the funds of the legislative branch of government. In the event the Committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1989, on which date the Committee shall stand abolished. Approved April 4, 1989.

Page 700

RICHMOND COUNTY DEVELOPMENT AUTHORITYCONVEYANCE OF STATE PROPERTY. No. 3 (House Resolution No. 295). A RESOLUTION Authorizing the conveyance of certain state owned property located in Richmond County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a parcel of real property located in Richmond County, Georgia, comprising approximately 350 acres; and WHEREAS, the Richmond County Development Authority is desirous of obtaining a portion of the above-described property for the development of an industrial park. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission. Section 2 . That, upon selection of a site to be approved by the Board of Human Resources and the State Properties Commission and such site being declared surplus, such site being a portion of the above-referenced property shall be conveyed to the Richmond County Development Authority. Section 3 . That the above-described real property selected as provided in Section 2 of this resolution shall be conveyed by appropriate instrument to the Richmond County Development Authority by the State of Georgia, acting by and through the State Properties Commission, 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 the State Properties Commission shall determine to be in the best interest of the State of Georgia.

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Section 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 5 . That a plat of survey shall be provided by purchaser, suitable for recording in Richmond County, and presented to the Executive Director of the State Properties Commission for his approval. Section 6 . 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 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. A. T. LAND, SR., HIGHWAY DESIGNATED. No. 4 (House Resolution No. 277). A RESOLUTION Designating the A. T. Land, Sr., Highway; and for other purposes. WHEREAS, A. T. Land, Sr., was born and reared in Allentown, Georgia, in Wilkinson County; and WHEREAS, A. T. Land, Sr., served five terms in the Georgia House of Representatives and one term in the Georgia Senate, representing Wilkinson County in both houses; and WHEREAS, A. T. Land, Sr., served 15 years on the Wilkinson County Board of Education and 25 years on the Central Georgia Soil and Water Conservation Board; and

Page 702

WHEREAS, A. T. Land, Sr., has also served as Chairman of the Board of Trustees of Allentown Methodist Church; and WHEREAS, he was one of the original members of the Board of Directors of Four County Bank and is still serving as Chairman of the Board of Directors; and WHEREAS, he has served as Chairman of the Board of Directors of Peoples State Bank from the date of its approval as a state chartered bank; and WHEREAS, he has served as President of the Four County Bank of Allentown, Georgia, and President of Peoples State Bank of Jeffersonville, Georgia; and WHEREAS, his compassion and love for his community, church, and business associates has endeared him to many people in the Middle Georgia Area; and WHEREAS, his dreams and goals for the area are to see improvements and progress in the schools, churches, and roads of that area. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 112 between Interstate Highway 16 and Georgia 57 at Toomsboro is designated as the A. T. Land, Sr., Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations along said highway designating it as the A. T. Land, Sr., Highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation and to A. T. Land, Sr. Approved April 4, 1989.

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LIGHTWOOD KNOT BRIDGE DESIGNATED. No. 5 (House Resolution No. 242). A RESOLUTION Designating the Lightwood Knot Bridge; repealing a specific resolution; and for other purposes. WHEREAS, the original bridge across Sandy Creek on the highway across Sandy Creek on the highway from Allentown to Toomsboro was named Lightwood Knot Bridge; and WHEREAS, Lightwood Knot Bridge is the name recognized and popularly used by the residents in Wilkinson County to refer to the bridge over Sandy Creek; and WHEREAS, the citizens of Wilkinson County strongly desire to restore the name of the bridge to the historical name of Lightwood Knot Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Sandy Creek on SR 112 in Wilkinson County, Georgia, is designated as the Lightwood Knot Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Lightwood Knot Bridge. 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. BE IT FURTHER RESOLVED that the resolution designating Hall Bridge to honor Hansford A. Hall, approved February 6, 1952 (Ga. L. 1952, p. 479), is repealed in its entirety. Approved April 4, 1989.

Page 704

FRANCES AND BOB HANCOCKCOMPENSATION. No. 6 (House Resolution No. 241). A RESOLUTION Compensating Frances and Bob Hancock; and for other purposes. WHEREAS, on August 23, 1988, David Braswell, age 12, was placed by the Telfair County Department of Family and Children Services in a foster home in the temporary care of Frances and Bob Hancock; and WHEREAS, on October 15, 1988, Frances and Bob Hancock's home and the contents thereof were totally destroyed by fire; and WHEREAS, an investigation by the State Fire Marshal's office found that the fire was apparently caused by the foster child, David Braswell, while he was sniffing gasoline near a hot water heater which had a pilot light; and WHEREAS, Frances and Bob Hancock have suffered damages to their property and loss of personal property in the amount of $58,966.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Frances and Bob Hancock and it is only fitting and proper that they be compensated for their loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $58,966.00 to Frances and Bob Hancock 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 April 4, 1989.

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CREEK INDIAN TRAIL SCENIC HIGHWAY DESIGNATED. No. 7 (House Resolution No. 228). A RESOLUTION Designating the Creek Indian Trail Scenic Highway; and for other purposes. WHEREAS, southwest Georgia is the ancestoral home of the Creek Indians; and WHEREAS, Randolph and Clay counties were the home of the Hitchite and Cemocheehobee bands of the Creek Indians; and WHEREAS, recent efforts to enhance this region of the state as a center for tourism and recreation include the creation of the George T. Bagby State Park; and WHEREAS, the potential of the region would be greatly enhanced by giving a distinctive name to the highway leading to the George T. Bagby State Park; and WHEREAS, it is only fitting and proper that the rich heritage of the Creek Indians be recognized and honored. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that S.R. 266 from its beginning in Randolph County to Fort Gaines in Clay County is designated the Creek Indian Trail 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 Representative is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.

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Approved April 4, 1989. CHARLES W. ENGLANDCOMPENSATION. No. 8 (House Resolution No. 218). A RESOLUTION Compensating Mr. Charles W. England; and for other purposes. WHEREAS, on September 21, 1987, Mr. Charles W. England, during the performance of his duties as a Farm and Livestock Supervisor for the farm at the Georgia Diagnostic and Classification Center, slipped and fell while attempting to cross a ditch on such farm and sustained neck injuries, hip injuries, and a ruptured disc in his back; and WHEREAS, employees of the Georgia Diagnostic and Classification Center who work on such farm were not at the time covered by workers' compensation; and WHEREAS, Mr. England has undergone two operations on his back; and WHEREAS, Mr. England has incurred medical expenses in the amount of $9,775.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. England and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $9,775.00 to Mr. Charles W. England 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.

Page 707

Approved April 4, 1989. PEACH PARKWAY DESIGNATED. No. 9 (House Resolution No. 190). A RESOLUTION Designating a portion of the growth corridor program as the Peach Parkway; and for other purposes. WHEREAS, there is a four-lane expressway presently under construction which is part of the growth corridor program of the Georgia Department of Transportation; and WHEREAS, this expressway, which will traverse the state and connect the Cities of Columbus and Augusta has been commonly referred to as the Fall Line Freeway; and WHEREAS, it is fitting that a designation be given the segment of this expressway from Columbus to Interstate 75 at Byron, Georgia, which will reflect one of the most predominant agricultural interests of that area. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the segment of the four-lane expressway under construction as a part of the growth corridor program between Columbus, Georgia, and Interstate 75 at Byron, Georgia, be designated as the Peach Parkway. 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. Approved April 4, 1989.

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WHITE COUNTYCONVEYANCE OF STATE PROPERTY IN WHITE COUNTY AUTHORIZED. No. 10 (House Resolution No. 165). A RESOLUTION Authorizing the conveyance of certain state owned real property located in White County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in White County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in White County, Georgia, lying in and being a part of land lot number 162 and being generally described as follows: That certain now vacant and unimproved tract or parcel of land situate, lying and being west of Loudsville Road, containing approximately 6.5 acres. The property here described is more particularly shown on a plat of survey on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the adjoining property owners; and WHEREAS, said property is under the custody and management of the Department of Human Resources through its White County Outdoor Therapeutic Center facility; and WHEREAS, said property is not contiguous to the White County Outdoor Therapeutic Center but is separated by Loudsville Road; and WHEREAS, said parcel is not being utilized by the Department of Human Resources and has been declared surplus to its needs; and

Page 709

WHEREAS, the adjoining property owners are desirous of obtaining the above-described property which adjoins their individual properties. 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 above-described real property shall be sold and conveyed by appropriate instrument to the adjoining property owners by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property 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, to be furnished by the adjoining property owners and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. 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 April 4, 1989.

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CLARKS HILL LAKE, RESERVOIR, AND AREADESIGNATION. No. 11 (House Resolution No. 115). A RESOLUTION Providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area; to provide for intent; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, Clarks Hill Dam and Lake were authorized by Congress as a part of the Flood Control Act of 1944 and the dam was completed in 1954; and WHEREAS, Clarks Hill Lake is a major resource serving many important purposes and has had a profound impact on Georgia and South Carolina; and WHEREAS, HJ Res. 376 which passed the 100th Congress provides that the Clarks Hill Dam, Lake, and that portion of U. S. Highway 221 crossing the dam shall be designated as the J. Strom Thurmond Dam, Lake, and Highway; and WHEREAS, this body has the highest respect and regard for Senator Thurmond and recognizes his outstanding achievements and the fact that he has promoted flood control, soil conservation, and rural electrification throughout his career in the U. S. Senate; and WHEREAS, having to change maps, highway signs, and other instruments and designations would cost the State of Georgia thousands of dollars; and WHEREAS, such change in the names of the dam and lake is also unfair to the private sector which would have to expend large sums of money on redesignations and will be confusing to the general public; and WHEREAS, for the convenience of Georgia residents and tourists and for other state purposes, this body determines that such lake should continue to be designated the Clarks Hill Lake.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That all public maps, documents, highway signs, and other signs and designations in Georgia heretofore designating the lake in northeastern Georgia as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area shall continue to designate such area for Georgia purposes as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area. All departments, agencies, and authorities of state government shall comply with this resolution; provided, however, that any such department, agency, or authority of this state which determines that the federal designation of such lake or area is necessary on any documents to comply with any other state or federal law shall be authorized to use the federal designation on such documents. 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 April 4, 1989. JULIETTE GORDON LOW HIGHWAY DESIGNATED. No. 12 (House Resolution No. 110). A RESOLUTION Designating the Juliette Gordon Low Highway; and for other purposes. WHEREAS, Juliette Gordon Low was the founder of the Girl Scouts of the U.S.A.; and

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WHEREAS, she was born on October 31, 1860, in Savannah, Georgia, and died in the same city on January 17, 1927; and WHEREAS, Juliette Gordon Low is one of Georgia's best known and most distinguished citizens; and WHEREAS, she founded the Girl Scouts in Savannah, Georgia, on March 12, 1912; and WHEREAS, on July 3, 1948, President Harry S. Truman signed a bill authorizing a three-cent commemorative stamp in honor of Juliette Gordon Low; and WHEREAS, the childhood home of Juliette Gordon Low in Savannah, Georgia, was designated a Registered Historic Landmark in 1965; and WHEREAS, on October 28, 1979, Juliette Gordon Low was installed in the Women's Hall of Fame in Seneca Falls, New York; and WHEREAS, on December 2, 1983, President Ronald Reagan signed a bill naming a new federal building in Savannah for Juliette Gordon Low; and WHEREAS, Camp Juliette Low was established in Chattooga County by the founder of the Girl Scouts and operated by that organization for many years as an adult training camp; and WHEREAS, although still known as Camp Juliette Low, the camp has been operated as a private camp for many years. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 48 between Summerville, Georgia, and its intersection with State Highway 157 and the portion of State Highway 157 from its intersection with State Highway 48 to the entrance of Camp Juliette Low is designated as the Juliette Gordon Low Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations along said highway designating it as the Juliette Gordon Low Highway.

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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 April 4, 1989. FRANKLIN D. ROOSEVELT STATE PARKPROPERTY BOUNDARIES ESTABLISHED AND ACCEPTED. No. 13 (House Resolution No. 107). A RESOLUTION To establish and accept certain property boundaries, for and on behalf of the State of Georgia, with a property owner adjacent to the Franklin D. Roosevelt State Park in Harris County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property which comprises the Franklin D. Roosevelt State Park in Harris County, which is currently under the control of the Department of Natural Resources; and WHEREAS, the exact property boundaries between the state owned property and the adjacent property owner, Mrs. Brenda H. Stubbs, have been uncertain; and WHEREAS, the adjacent property owner and the State of Georgia desire to reach a mutually satisfactory determination of boundary lines. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the property boundaries as shown on a plat of survey captioned Plat of the Property of Truette T. Stubbs, 21st Land District of Harris County, Georgia, Located in

Page 714

Land Lots 230, 231 250, prepared by Hugh P. Riley, Registered Land Surveyor, dated November 30, 1981, and recorded in Plat Book 10 at Page 165 of the records of the Clerk of the Superior Court of Harris County, Georgia, reference to which is hereby made for a more complete and accurate description and a copy of which is attached to this resolution and made a part hereof by reference as true, accurate, and certain as to the boundary lines separating the Franklin D. Roosevelt State Park and the adjacent property now owned by Brenda H. Stubbs, formerly owned by Truette T. Stubbs.

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Approved April 4, 1989. FLOY FARR PARKWAY DESIGNATED. No. 14 (House Resolution No. 105). A RESOLUTION Designating the Floy Farr Parkway; and for other purposes. WHEREAS, Mr. Floy Farr was instrumental in the selection and purchase of the parcel of land which later became Peachtree City; and WHEREAS, Mr. Floy Farr has been active in the civic and business affairs of Fayette County and Peachtree City for many years as founder of the Fayette State Bank, charter member of the Peachtree City Rotary Club, and as a board member of numerous other local and state organizations; and WHEREAS, Mr. Floy Farr's exceptional leadership and dedication to the people of Fayette County and Peachtree City have greatly enhanced the economic development of his community; and WHEREAS, it is fitting and proper that his many contributions be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 54 from the western city limits of Peachtree City and continuing to the eastern city limits of Peachtree City shall be designated as the Floy Farr Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating such road as provided in this resolution.

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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 commissioner of transportation and Mr. Floy Farr. Approved April 4, 1989. JOEL COWAN PARKWAY DESIGNATED. No. 15 (House Resolution No. 104). A RESOLUTION Designating the Joel Cowan Parkway; and for other purposes. WHEREAS, while a student at the Georgia Institute of Technology, Mr. Joel Cowan was selected for the monumental task of developing the master plan for development of Peachtree City; and WHEREAS, Joel Cowan continued his outstanding service to the people of Peachtree City, serving as its first mayor for eight years; and WHEREAS, Mr. Cowan's experience and expertise in the areas of growth and development planning have proven invaluable in his service to the people of Georgia as chairman of the Governor's Growth Strategies Commission; and WHEREAS, it is fitting and proper that Mr. Joel Cowan's many contributions to Peachtree City and the State of Georgia be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 74, from the north boundary of Fayette County and continuing to State Route 85 south of Peachtree City, shall be designated as the Joel Cowan Parkway.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate places designating such road as provided in this resolution. 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 commissioner of transportation and to Mr. Joel Cowan. Approved April 4, 1989. CITY OF CALHOUNCONVEYANCE OF STATE PROPERTY. No. 16 (House Resolution No. 101). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun; 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 a portion of parcel no. 2 of the Western and Atlantic Railroad Valuation Map No. V2/37 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly

Page 718

described by a plat of survey obtained by the City of Calhoun and presented to the State Properties Commission for approval); and 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, the City of Calhoun is interested in using the depot and adjoining property for public purposes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described 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 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 the City of Calhoun for a consideration of $650.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission. Section 4 . That the above-described real property is conveyed only for use for public purposes and the conveyance shall be valid only so long as the City of Calhoun and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia.

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Section 5 . 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 6 . That a resolution, Resolution Act No. 47, S. R. 94, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun, approved April 19, 1979 (Ga. L. 1979, p. 1363), is repealed in its entirety. Section 7 . 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 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. CITY OF CALHOUNCONVEYANCE OF STATE PROPERTY. No. 17 (House Resolution No. 99). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun; 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

Page 720

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 8254[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 1857[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 7555[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 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, the City of Calhoun owns property adjoining the above-described property; and WHEREAS, the City of Calhoun is desirous of obtaining 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.

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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 and approved by the Governor on April 19, 1979 (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 the City of Calhoun for a consideration of $650.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission. Section 4 . That the above-described real property is conveyed only for use for public purposes and the conveyance shall be valid only so long as the City of Calhoun and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia. Section 5 . 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 6 . 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 7 . That a resolution, Resolution Act No. 67, H. R. 585, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith,

Page 722

approved March 31, 1988 (Ga. L. 1988, p. 774), is repealed in its entirety. Section 8 . 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 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. CITY OF WINDEREASEMENT ACROSS STATE PROPERTY. No. 18 (House Resolution No. 98). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replacement, and improvement of certain water service facilities; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner and the Department of Natural Resources has custody of certain real property lying within the boundaries of the Fort Yargo State Park, Barrow County, Georgia; and WHEREAS, situated thereon is a 256 acre lake constructed in the 1960's for the multiple purposes of floodwater and sediment detention, water storage for fish and wildlife, and water storage for residential and industrial use; and

Page 723

WHEREAS, in the Watershed Work Plan, Marbury Creek Watershed, published in 1961, all references to residential and industrial use refer to such use by the City of Winder, one of the local organizations sponsoring the project; and WHEREAS, the aforesaid work plan allocated 1200 acre feet of water storage in Fort Yargo Lake to the City of Winder for residential and industrial uses; and WHEREAS, the City of Winder is experiencing tremendous residential and industrial growth, resulting in increasing demands on its water system; and WHEREAS, the City of Winder has been granted permission to withdraw water from Fort Yargo Lake to help meet the demand on its municipal water system under these conditions; and WHEREAS, the city wishes to replace a temporary water supply line used for the above-stated purpose with a permanent underground water supply line, install a pumping station on said line, and install a deep water intake in the lake; and WHEREAS, the State of Georgia and the Department of Natural Resources desire to cooperate with the City of Winder in its attempt to utilize its water storage allocation and to supply the needs of its citizens and are willing to grant the necessary easement to the city for the purposes described above. 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 to grant to the City of Winder, a political subdivision of the State of Georgia, an easement for the construction, installation, operation, maintenance, repair, replacement, and improvement of an underground water supply line, pumping station, and deep water intake, as described

Page 724

above in this resolution, upon and under real property lying within the boundaries of the Fort Yargo State Park, Barrow County, Georgia, and more particularly described as follows: The real property over which the easement is to be granted consists of a strip of land 30 feet in width, a portion of which lies within the bounds of an existing sewer easement owned by the City of Winder, located approximately as shown on a drawing labled Raw Water Force Main for City of Winder, Georgia, prepared by Hightower Consulting Engineers, Social Circle, Georgia, 30279, dated June 6, 1988, said drawing being on file in the offices of the Department of Natural Resources and the City of Winder; and said easement may include such portion of Fort Yargo Lake as selected by the State Properties Commission, after consultation with the Department of Natural Resources and the superintendent of Fort Yargo State Park, as may be necessary to accommodate a deep water intake structure; and said easement may include a license upon the same terms and conditions set forth in the license agreement dated November 29, 1988, between the Department of Natural Resources and the City of Winder. Section 3 . That the term of the easement shall be perpetual as long as the easement area is used for the purposes described in this resolution. Section 4 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey of the property, prepared by a Georgia Registered Land Surveyor, the conveyance of which is authorized by this resolution, to be furnished by purchaser, and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. Section 5 . That no title shall be conveyed to the City of Winder and, except as herein specifically granted to the City of Winder, all rights, title, and interest in and to said easement area are 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 the City of Winder.

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Section 6 . That the State Properties Commission is authorized to do all acts and things necessary and proper to effect the grant of the easement provided for in this resolution. Section 7 . That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of the facilities placed upon and under the easement area. Section 8 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . That all laws or parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. MARVRICK LONGCOMPENSATION. No. 19 (House Resolution No. 90). A RESOLUTION Compensating Mr. Marvrick Long; and for other purposes. WHEREAS, in November, 1987, Mr. Marvrick Long, an inmate in the state prison system, was transferred from the Wayne County Correctional Institution in Odum, Georgia, to the Augusta Correctional and Medical Institution for purposes of medical treatment; and WHEREAS, during such transfer, Mr. Long's personal belongings were misplaced and, in addition, two packages sent to Mr. Long by his parents were never received by Mr. Long; and

Page 726

WHEREAS, the personal property of Mr. Long which has been lost includes among other items three leather belts, two pairs of street shoes, and a house coat; and WHEREAS, Mr. Long has suffered loss of personal property totaling $342.36; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Long and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $342.36 to Mr. Marvrick Long 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 April 4, 1989. G. DOUGLAS FULLER AND ALICE K. FULLERCOMPENSATION. No. 20 (House Resolution No. 76). A RESOLUTION Compensating G. Douglas Fuller and Alice K. Fuller; and for other purposes. WHEREAS, on August 15, 1988, Alice K. Fuller was proceeding at an approximate speed of 30 miles per hour down the on ramp to the 120 Loop from SR 120 in Cobb County; and WHEREAS, Ms. Fuller was driving a 1987 Honds Accord LXi owned by her husband, G. Douglas Fuller; and

Page 727

WHEREAS, the left front wheel of the vehicle dropped into a trench, approximately 12 to 14 inches in depth, off the left edge of the ramp; and WHEREAS, the impact caused damage to the unibody and suspension of the vehicle in the amount of $250.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Alice Fuller and it is only proper that Alice K. and G. Douglas Fuller be reimbursed for their loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $250.00 to Alice K. and G. Douglas Fuller 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 April 4, 1989. U. S. 441 BUSINESS HISTORIC ROUTE DESIGNATED. No. 21 (House Resolution No. 74). A RESOLUTION Designating the U. S. 441 Business Historic Route; and for other purposes. WHEREAS, the construction of the State Route 365 extension to Toccoa and that portion of U. S. 441 that is common with State Route 365 from its present terminus near Cornelia to State Route 115 at Glade Creek should be completed and ready to open to traffic during mid 1989; and

Page 728

WHEREAS, that section of U. S. 441 from its terminus with State Route 365 at Glade Creek to existing U. S. 441 in Hollywood should be let to contract and completed during late 1990 or early 1991; and WHEREAS, when this section of U. S. 441 is opened to traffic, much of the average daily traffic now using the existing U. S. 441 through Demorest and Clarkesville will move to the new highway as has been the case in Tallulah Falls; and WHEREAS, it will be advantageous to the economic welfare of Habersham County and the surrounding area to retain as much of the tourist and vacation traffic on the existing U. S. 441 as possible; and WHEREAS, Habersham County, by and through its board of commissioners are in full support of the efforts of the Tri-city Preservation Committee to preserve the business vitality and historic value of the area along U. S. 441 north from State Route 365. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of existing U. S. 441 north from State Route 365 to the northern corporate limits of the City of Clarkesville is designated as the U. S. 441 Business Historic Route. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said route. Approved April 4, 1989.

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GEORGE S. LEE CAUSEWAY DESIGNATED. No. 22 (House Resolution No. 66). A RESOLUTION Designating the George S. Lee Causeway; and for other purposes. WHEREAS, Honorable George S. Lee served with distinction, dedication, and ability as mayor of the City of Omaha, Georgia; and WHEREAS, he worked tirelessly for over 20 years to get a bridge and causeway built over the Chattahoochee River between Omaha, Georgia, and Cottonton, Alabama; and WHEREAS, Honorable George S. Lee passed away shortly after the bridge was dedicated; and WHEREAS, it is only fitting and proper that Honorable George S. Lee be properly remembered for his efforts on behalf of the citizens of his city and state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the causeway which begins on State Route 39 Spur and crosses the Chattahoochee River in Stewart County is designated as the George S. Lee Causeway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating such causeway 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 the family of Honorable George S. Lee. Approved April 4, 1989.

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GEORGIA FEDERATION OF COLORED WOMEN's CLUBS, INC.CONVEYANCE OF STATE PROPERTY IN BIBB COUNTY. No. 23 (House Resolution No. 35). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Bibb County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Bibb County, Georgia, in the 7th Land District and being a part of land lot number 85 containing 5.744 acres according to a survey prepared by John M. Story, Georgia Registered Land Surveyor No. 2266, of Tribble Richardson, Inc., dated December 16, 1987, on file with the State Properties Commission; and WHEREAS, said property is under the custody and management of the Georgia Department of Human Resources; and WHEREAS, a portion of the above-described property on February 1, 1936, was conveyed to Bibb County by the Georgia Federation of Colored Women's Clubs, Inc., and later conveyed on April 12, 1971, by Bibb County to the State of Georgia; and WHEREAS, the Georgia Federation of Colored Women's Clubs, Inc., is desirous of obtaining the above-described real property for its state headquarters and archives; and WHEREAS, said parcel is currently in the custody of the Department of Human Resources and has been declared surplus to its needs; and WHEREAS, the Board of Human Resources and the commissioner of human resources have recommended this conveyance by appropriate instrument.

Page 731

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 the Georgia Federation of Colored Women's Clubs, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00 and upon such other consideration and provisions as directed by the State Properties Commission. Section 3 . That the Department of Human Resources shall have the right to approve any use of the property other than that described above as a headquarters and archives of such club. 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 April 4, 1989. JOINT HEALTH CARE PERSONNEL SUPPLY AND PLANNING STUDY COMMITTEECREATION. No. 24 (House Resolution No. 31). A RESOLUTION Creating the Joint Health Care Personnel Supply and Planning Study Committee; and for other purposes.

Page 732

WHEREAS, Georgia is experiencing a critical nursing shortage with an estimated 3,000 to 4,000 nursing vacancies in hospitals alone; and WHEREAS, there is a growing concern about emerging personnel shortages in other allied health fields; and WHEREAS, increased demands for health care will result from a number of factors, including the growing elderly population, the prevalance of AIDS, high teenage pregnancy rates and increased rates of infant mortality and morbidity associated therewith, increased acuity of consumer health care needs, and federal legislation regarding the placement of mentally ill and mentally retarded in nursing facilities; and WHEREAS, these increased health care demands will place unprecedented burdens on already scarce human and financial resources; additionally, health care payment systems continue to impact the provision of health care services; and WHEREAS, the preparation of health care personnel is an expensive and rapidly growing area of education and in order to plan for the future Georgia must have up-to-date information about the health care environment as well as comprehensive health care personnel supply and demand data; and WHEREAS, although various agencies in the state collect data regarding health care trends and the supply and demand for health care personnel, there is no state-wide analysis and reporting of these data which will be necessary to ensure that health care providers, the government, and the education system will have needed information to make decisions to meet ever-increasing demands for health care personnel. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Health Care Personnel Supply and Planning Study Committee to be composed of 20 members. Five of the members shall be members of the House of Representatives and be appointed to the committee by the Speaker of the House, who shall also designate one of the House members of the committee as chairman. Five of the members shall be members of the Senate and be appointed to the committee by the President of the Senate, who shall also designate one of the Senate

Page 733

members of the committee as vice-chairman. The Governor shall appoint one member from the Georgia Department of Technical and Adult Education and one member from the University System of Georgia. The remaining eight members shall be the executive director or chairperson, or designee thereof, of each of the following organizations: Business Council of Georgia; Medical Association of Georgia; Georgia Society of Allied Health Professions; Georgia Hospital Association; Georgia Health Care Association; Georgia Optometric Association; Georgia Nurses Association; and Georgia Licensed Practical Nurses Association. BE IT FURTHER RESOLVED that the committee shall gather comprehensive data regarding health care personnel supply and demand and health care trends and use such data to formulate a comprehensive and coordinated plan to achieve and maintain a balance between the supply and demand of such personnel considering geographic areas where they are most needed. BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the committee who are employees of the state or Board of Regents shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. Legislative members of the committee shall receive expenses and allowances for not more than five days of committee meetings unless additional days are authorized. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, and that report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.

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Approved April 4, 1989. NORTHWEST GEORGIA REGIONAL HOSPITALROMEO DIPRIMA CENTER; MILDRED KNIGHT PREVOCATIONAL CENTER FOR THE DEVELOPMENTALLY DISABLED; ELLIS HALE TRAINING AND TREATMENT CENTER FOR ADOLESCENTS. No. 25 (House Resolution No. 22). A RESOLUTION Designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital; and for other purposes. WHEREAS, Buildings 403, 807, and 809 at the Northwest Georgia Regional Hospital are currently known and referred to only by number; and WHEREAS, Romeo Diprima, Mildred Knight, and Ellis Hale were dedicated and outspoken advocates of the need for adequate services for the mentally disabled; and WHEREAS, it is only fitting and proper that these buildings at the Northwest Georgia Regional Hospital be designated the Romeo Diprima Center, Building 403; the Mildred Knight Prevocational Center for the Developmentally Disabled, Building 807; and the Ellis Hale Training and Treatment Center for Adolescents, Building 809 in recognition of the tremendous contributions made by these individuals to improving the services available to mentally disabled persons in this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do designate Buildings 403, 807, and 809 at the Northwest Georgia

Page 735

Regional Hospital as the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents in recognition and memory of their outstanding advocacy and support for the needs of the mentally disabled in Georgia. 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 Robert L. Pulliam, Superintendent, Northwest Georgia Regional Hospital. Approved April 4, 1989. THOMAS HUMPHREY HIGHWAY DESIGNATED. No. 26 (House Resolution No. 19). A RESOLUTION Designating the Thomas Humphrey Highway; and for other purposes. WHEREAS, Thomas Humphrey was a lifetime native of Georgia who dedicated his life to the service of his nation and its people; and WHEREAS, Thomas Humphrey spent the last years of his life living and working on a portion of Georgia Highway 212; and WHEREAS, he assisted all strangers as friends whenever they traveled Georgia Highway 212, providing an oasis of peace and unspoken love to all. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate Georgia State Highway 212, from its southern end at Georgia Highway 22 to its

Page 736

northern end in Baldwin County, as the Thomas Humphrey Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs along such highway 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 appropriate copies of this resolution to the Commissioner of the Department of Transportation and to the family of Thomas Humphrey. Approved April 4, 1989. AARON E. BOUTWELLCOMPENSATION. No. 27 (House Resolution No. 16). A RESOLUTION Compensating Mr. Aaron E. Boutwell; and for other purposes. WHEREAS, on September 25, 1988, Mr. Aaron Boutwell, an employee of the Columbus Diversion Center, parked his 1973 Ford Courier truck in the center parking area of the diversion center at 3900 Schatulga Road in Muscogee County; and WHEREAS, at approximately 2:10 A.M., while Mr. Boutwell was on duty, his vehicle suffered damages resulting from vandalism; and WHEREAS, a fire was caused in the bed of the vehicle apparently by someone throwing a glass container filled with flammable liquid and with a rag fuse. In addition, the right rear tire of the vehicle was punctured; and

Page 737

WHEREAS, the person responsible for the property damage is unknown, but a former resident of the diversion center with whom Mr. Boutwell had confronted earlier in the day of the occurrence was a probable suspect; and WHEREAS, Mr. Boutwell suffered property damages to his vehicle totaling $726.79; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Boutwell and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $726.79 to Mr. Aaron E. Boutwell 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 April 4, 1989. STATE OF VIRGINIA, WILKINSON COUNTY TELEPHONE COMPANY, AND OCONEE ELECTRIC MEMBERSHIP CORPORATIONEASEMENTS THROUGH STATE OWNED PROPERTY IN WILKINSON COUNTY. No. 28 (Senate Resolution No. 22). A RESOLUTION Granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 202, 5th Land District of Wilkinson County, Georgia; and WHEREAS, the State of Virginia owns 120.5 acres adjacent to state property in the custody of the Georgia Forestry Commission in Wilkinson County, and the State of Virginia intends to construct an office in which its seed orchard personnel will work in conjunction with the Georgia Forestry Commission in its tree improvement program; and WHEREAS, the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation desire to construct, operate, and maintain roads and transmission and power lines in, on, under, over, upon, across, and through a portion of said property; and WHEREAS, the Board of the Georgia Forestry Commission has approved the granting of nonexclusive easements to the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation for the purpose of constructing, operating, and maintaining roads and transmission and power lines; and WHEREAS, the construction of roads and transmission and power lines in, on, under, over, upon, across, and through a portion of said property will be beneficial to the State of Georgia and the State of Virginia. 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, may grant to the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation, their successors and assigns, non-exclusive easements for the construction, operation, and maintenance of roads and transmission and power lines in, on, under, over, upon,

Page 739

across, and through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing roads and transmission and power lines, 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 202, 5th District, Wilkinson County, Georgia, and is more particularly described as that portion shown and delineated in red on drawings by F. B. Flournoy, Georgia Registered Land Surveyor No. 1302, dated October 31, 1988, and a drawing prepared for the Georgia Forestry Commission by Oconee Electric Membership Corporation 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 roads and transmission and power lines. Section 4 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the 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, to be furnished by purchaser, shall constitute an acceptable plat for filing. Section 5 . That the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership 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 roads and transmission and power lines. Section 6 . That, after the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation have constructed and put into use the roads and transmission and power lines for which their respective easements are granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easements granted in this resolution. Upon abandonment, the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation,

Page 740

their successors and assigns, shall have the option of removing their facilities from the easement areas 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 the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation, and, except as specifically granted in this resolution to the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership 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 any of the easement areas should be removed or relocated in order to avoid interference with the state's use or intended use of any of the easement areas, the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation shall remove or relocate their facilities in their respective easement areas at their sole cost and expense. Section 9 . That the easements granted to the State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation 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 granted in this resolution. Section 10 . That the consideration for each such easement granted shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said roads and transmission and power lines. 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 areas.

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Section 12 . That this resolution shall become effective 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 April 4, 1989. DEVELOPMENT AUTHORITY OF CHATHAM COUNTY AND UNION CAMP CORPORATIONEASEMENT ACROSS STATE PROPERTY IN THE SAVANNAH RIVER, CHATHAM COUNTY. No. 29 (Senate Resolution No. 25). A RESOLUTION Authorizing the State Properties Commission to convey to the Development Authority of Chatham County, Georgia, a public body corporate and public duly organized and existing under the laws of the State of Georgia, and Union Camp Corporation, a corporation of the State of Virginia with an office and place of business in Chatham County, Georgia, easements for the drilling, boring, constructing, laying, operating, maintaining, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, and electrical cables in, on, under, over, upon, across, and through certain state owned property situate in the Savannah River, Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Development Authority of Chatham County, pursuant to an agreement in 1971 with Union Camp Corporation, had constructed a water pollution control project at and near the Savannah paper mill of Union Camp Corporation in Chatham County, consisting of, among other things, a secondary waste-water

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treatment facility, including an aeration lagoon located on Hutchinson Island in the Savannah River across stream from Union Camp Corporation's paper mill; and WHEREAS, by virtue of the power and authority vested by Resolution Act No. 107, S.R. 273, authorizing the conveyance of certain easements to the Development Authority of Chatham County, approved March 27, 1972 (Ga. L. 1972, p. 562), the State Properties Commission did on June 29, 1972, grant easements to Union Camp Corporation and the Development Authority of Chatham County to use certain Savannah River and stream bottom properties for the construction, laying, operating, maintaining, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, and electrical cables over, under, and through certain state owned property situate in the Savannah River, Chatham County, Georgia, which easement is recorded in the office of the clerk of the Superior Court of Chatham County, Georgia, in Record Book 102-E, Folio 654; and WHEREAS, in order to enhance the secondary waste-water treatment system and to provide adequate safeguards for the continued protection of the water quality of the Savannah River, the construction of additional pipelines and conduits and the relocation of the outfall structure and diffuser system have been determined to be appropriate; and WHEREAS, for such purposes, Union Camp Corporation desires to install such additional pipelines and conduits and to relocate the outfall structure and diffuser system all over, under, and through certain state owned property situate in the Savannah River, Chatham County, Georgia; and WHEREAS, prior to the construction and installation of such additional pipelines and conduits and the relocation of such outfall structure and diffuser system, additional easement areas with enduring terms are required; and WHEREAS, the as located pipeline, electrical cables, outfall structure, and diffuser system as authorized by the 1972 easement hereinabove referred to have been shown to be located in part beyond the boundaries of the easement heretofore granted; and WHEREAS, the relocation of the outfall structure and diffuser system will require an enlargement of the easement area heretofore granted; and

Page 743

WHEREAS, in order to assure that the as located pipeline and electrical cables, the new pipelines and conduits, and the relocated outfall structure and diffuser system will lie within properly described and granted easement areas with enduring terms, a grant of easement as hereinafter described is appropriate; and WHEREAS, the acquisition of easements for the purposes stated is desired for the continued operation of said water pollution control project; and WHEREAS, the grant of such easements will be of definite benefit to the public welfare; and WHEREAS, such lines and facilities will be located upon and cross portions of the property of the State of Georgia in the Savannah River in Chatham County, Georgia, as aforesaid. 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 convey to the Development Authority of Chatham County, a public body corporate and politic duly organized and existing under the laws of the State of Georgia, and Union Camp Corporation, a corporation of the State of Virginia with an office and place of business in Chatham County, Georgia, and their successors and assigns, for and in consideration of the premises and the sum of $5,000.00, easements with the right and privilege to use, occupy, employ, and enjoy for the purposes of drilling, boring, constructing, installing, laying, operating, maintaining, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, electrical cables, and other related structures in, on, under, over, upon, across, and through certain state owned Savannah River and stream bottom property, to wit:

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All those certain areas in the Savannah River, Chatham County, Georgia, consisting of two tracts and being more particularly described as follows: Tract 1: Easement Area for Submarine/Subterranean Pipelines, Conduits, Electric Control Cables, and Other Related Structures: An area lying between River Mile 16.799 in the Savannah River (which point is also located by reference to the grid coordinates, in feet, of the Georgia Coordinate System, East Zone, at Y (Lat.) 767,957.32 and X (Dep.) 823,788.47), and River Mile 16.922 in the Savannah River (which point is also located by reference to the grid coordinates, in feet, of the Georgia Coordinate System, East Zone at Y (Lat.) 768,486.40 and X (Dep.) 823,410.87), lying adjacent to Hutchinson Island and Union Camp Corporation's mainland properties, extending from shoreline to shoreline, having the distance of six hundred fifty (650) feet, more or less, between said River Mile Stations and grid coordinates, and respective distances at the northwestern and southeastern extremities of said area of 1150 feet, more or less, and 1190 feet, more or less. Tract 2: Easement Area for Outfall Structure and Diffuser System. An area lying between River Mile 17.366 in the Savannah River (which point is also located by reference to the grid coordinates, in feet, of the Georgia Coordinate System, East Zone, at Y (Lat.) 770,338.17 and X (Dep.) 821,976.14) and River Mile 17.433 in the Savannah River (which point is also located by reference to the grid coordinates, in feet, of the Georgia Coordinate System, East Zone, at Y (Lat.) 770,603.10 and X (Dep.) 821,747.40), the north-eastern extremity thereof lying adjacent to Hutchinson Island, having a distance of three hundred fifty (350) feet, more or less, between said River Stations and grid coordinates, and from Hutchinson Island extending southwesterly riverward between said River Mile Stations from the now or former meanders of the water line of the Savannah River thereat to the new and existing channel lines established by the U.S. Army Corps of Engineers in the Savannah River thereby reached through such extensions.

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Said River Mile Stations are those of the U.S. Army Corps of Engineers measured from 0-0 Mile Station at Fort Pulaski at the mouth of the Savannah River. All of the above-described properties are more fully shown and described on drawings SK-122588 and SK-122288 by Joseph C. Keaton, Jr., Georgia Registered Land Surveyor No. 2233, and to which reference is made for a more full and complete description of the bounds, courses, distances, and controls of the above-described strips or parcels of land on file in the office of the State Properties Commission. Section 3 . That the above-described premises shall be used solely for the purposes aforesaid and shall continue only as long as the Development Authority of Chatham County and/or Union Camp Corporation and their successors or assigns continue to maintain and operate said facilities. Section 4 . That, after Union Camp Corporation and the Development Authority of Chatham County have constructed and put into use the facilities for which these easements are granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia and its successors and assigns of all the rights, titles, privileges, powers, and easements granted herein. Upon abandonment, Union Camp Corporation and the Development Authority of Chatham County and their successors and assigns shall remove their facilities from the easement area at their sole cost and expense. Section 5 . That no title shall be conveyed to Union Camp Corporation and the Development Authority of Chatham County and, except as herein specifically granted to Union Camp Corporation and the Development Authority of Chatham County, 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 Union Camp Corporation and the Development Authority of Chatham County. Section 6 . That the easements granted to Union Camp Corporation and the Development Authority of Chatham County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of

Page 746

the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 7 . That the 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 8 . That this resolution shall become effective 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 April 4, 1989. WILLIAM A. RIDLEY BRIDGE DESIGNATED. No. 30 (Senate Resolution No. 39). A RESOLUTION Designating the William A. Ridley Bridge; and for other purposes. WHEREAS, Mr. William A. Ridley was born on February 13, 1900, in Murray County, Georgia; and WHEREAS, his early childhood was spent in the small farming community of New Hope and he was a lifelong resident of Murray County; and WHEREAS, although receiving a minimum of formal education, he nevertheless became knowledgeable in many subjects from farming to law; and

Page 747

WHEREAS, although he was not a man of great wealth, he was a generous and compassionate person to those in need; and WHEREAS, he was an active and lifelong member of the Democratic Party and many of those seeking public office sought him for his support and counsel; and WHEREAS, he made many significant and worthwhile contributions to his community and state; and WHEREAS, in recognition of these contributions it is only fitting and proper that this state perpetuate his name in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway 52 bridge over the Conasauga River in Murray County, Georgia, is designated as the William A. Ridley Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the William A. Ridley Bridge. Approved April 4, 1989. JACKSON ELECTRIC MEMBERSHIP CORPORATIONEASEMENT THROUGH STATE OWNED PROPERTY IN GWINNETT COUNTY. No. 31 (Senate Resolution No. 62). A RESOLUTION Granting a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over or under property owned by the State of Georgia in Gwinnett County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 12, 7th Land District of Gwinnett County, Georgia, which is in the custody of the State Properties Commission and utilized by the Department of Public Safety; and WHEREAS, Gwinnett County did deed 6.42 acres to the State of Georgia on December 29, 1964, for the purposes of constructing and housing a Georgia State Patrol headquarters facility; and WHEREAS, Gwinnett County owns property adjacent to said property and intends to construct and operate a county jail on said property; and WHEREAS, Jackson Electric Membership Corporation desires to construct, operate, and maintain an underground transmission line over or under a portion of said property which will serve proposed Gwinnett County Jail; and WHEREAS, this underground transmission line over or under a portion of said property would be beneficial to the State of Georgia and Jackson Electric Membership Corporation. 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, may grant to the Jackson Electric Membership Corporation and its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over and under the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing an underground 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 Lot 12, 7th District, Gwinnett County, Georgia, and is more particularly described as follows:

Page 749

That portion and that portion only that is shown and delineated in red on a drawing entitled Easement Survey for: Jackson Electric Membership Corporation by George Pinion of Pinion and McGaughey Land Surveyors, Inc., Georgia Registered Land Surveyor No. 1606, containing 0.074 acre and being approximately 20[UNK] wide and 160[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 an underground transmission line. Section 4 . That, for purposes of compliance with 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 or drawing of the property, the conveyance of which is authorized by this resolution, to be furnished by purchaser, shall constitute an acceptable plat for filing. Section 5 . That Jackson Electric Membership Corporation shall not permit any person except Jackson Electric Membership Corporation employees, contractors, subcontractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 6 . That Jackson Electric Membership 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 an underground transmission line. Section 7 . That, after Jackson Electric Membership Corporation has constructed and put into use the underground transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia and its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Jackson Electric Membership Corporation and 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 and its successors and assigns.

Page 750

Section 8 . That no title shall be conveyed to Jackson Electric Membership Corporation, and, except as herein specifically granted to Jackson Electric Membership 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 Jackson Electric Membership Corporation. Section 9 . 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, Jackson Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense. Section 10 . That the easement granted to Jackson Electric Membership Corporation 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 11 . That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenace of said transmission line and other utilities. Section 12 . 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 13 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989.

Page 751

CONVEYANCE OF STATE PROPERTY IN FULTON COUNTY AUTHORIZED; CITY OF CAVE SPRING; CONVEYANCE OF STATE PROPERTY IN FLOYD COUNTY AUTHORIZED. No. 32 (Senate Resolution No. 63). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in the City of Atlanta, Fulton County, Georgia; (2) Said real property is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Atlanta, Georgia; and in Land Lot 243 of the 17th District of Fulton County, Georgia, and being more particularly described as a portion of parcel no. 8 of the Western and Atlantic Railroad Valuation Maps Nos. V222/1 and V302/1 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the purchaser and presented to the State Properties Commission for approval); (3) 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; (4) The above-described property is an abandoned spur line to the old Western Atlantic Railroad and is not needed for railroad purposes and is, therefore, surplus to the State of Georgia; and

Page 752

(5) Adjacent and adjoining property owners to the above-described parcel desire to acquire this state owned parcel; and WHEREAS: (1) The State of Georgia is the owner of a parcel of real property known as the Fannin Campus located in Floyd County, Georgia, formerly known as the Georgia School for the Deaf in the City of Cave Spring, Georgia; and (2) The City of Cave Spring is desirous of obtaining all or a portion of the above-described property for city private development usage. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1 . (a) 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. (b) 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. (c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to sell and convey all or a portion of the above-described property for a consideration of not less than the fair market value as determined by the State Properties Commission, to a purchaser or purchasers, and upon such further terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. (d) 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 be filed with

Page 753

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. ARTICLE 2 Section 2 . (a) That the State of Georgia is the owner of the above-described property located in Floyd County, Georgia, and, in all matters relating to the conveyance of the property located in Floyd County, the State of Georgia is acting by and through the State Properties Commission. (b) That, upon selection of a site by the City of Cave Spring, Georgia, which may include all or a portion of the above-referenced property in Floyd County, and which site is approved by the Department of Education and the State Properties Commission and declared surplus by the Department of Education, said property comprising said site shall be conveyed to the City of Cave Spring. (c) That the above-described real property selected as provided in subsection (b) of this section shall be conveyed by appropriate instrument to the City of Cave Spring, Georgia, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as the State Properties Commission shall determine to be the best interest of the State of Georgia. (d) That the authorization in this section to convey the above-described property to the City of Cave Spring shall expire two years after the date that this resolution becomes effective. (e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (f) That a plat of survey shall be provided by the City of Cave Spring, Georgia, suitable for recording in Floyd County, and presented to the Executive Director of the State Properties Commission for his approval prior to the conveyance of such property as authorized by this section.

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ARTICLE 3 Section 3 . 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 4 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. CITY OF SPRINGFIELD AND CHATHAM COUNTYEASEMENTS ACROSS STATE PROPERTY IN EFFINGHAM COUNTY AND CHATHAM COUNTY. No. 33 (Senate Resolution No. 67). A RESOLUTION Granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; granting an exclusive right of way easement for construction, operation, and maintenance of a street cul-de-sac in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 11th Georgia militia district of Effingham County, Georgia, which is in the custody of the State Properties Commission and utilized by the Georgia Forestry Commission as a forest fire tower site;

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(2) The City of Springfield, Effingham County, Georgia, in cooperation with the Effingham County Board of Education, wishes to install a sanitary sewer system and other utilities from Effingham County High School to the City of Springfield; (3) A portion of this system must pass through the above-described state owned property and would be beneficial to the State of Georgia, the City of Springfield, Effingham County, and the Effingham County Board of Education; and (4) The board of commissioners of Effingham County conveyed by fee simple warranty deed a portion of the above-referenced tract to the Georgia Forestry Commission for a consideration of $1.00 on May 8, 1979; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 6th Georgia militia district of Chatham County, Georgia, which is in the custody of and utilized by the Georgia Department of Natural Resources; (2) Said property is a part of the Wormsloe Historic Site; (3) Chatham County wishes to form a cul-de-sac on Fallowfield Drive and the use of approximately 500 square feet of state property would allow for the construction of such street cul-de-sac; and (4) The Georgia Department of Natural Resources has no objection to this easement being granted. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1 . (a) 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.

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(b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Springfield, Effingham County, and its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer system and other utilities, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 11th Georgia militia district of Effingham 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 entitled 15' Utility Easement and 10' Temporary Construction Easement (along Ga. Hwy. 119) on property of the Georgia Forestry Commission by Charles W. Tuten, Jr., Georgia Registered Land Surveyor No. 2345, containing.072 acre, and being approximately 15' wide and 208.90' long, which is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer system and other utilities. (d) That the City of Springfield, Effingham County, 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 sanitary sewer system and other utilities. (e) That, after the City of Springfield, Effingham County, has constructed and put into use the sanitary sewer system and other utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia and its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Springfield, Effingham County, and 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 and its successors and assigns.

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(f) That no title shall be conveyed to the City of Springfield, Effingham County, and, except as herein specifically granted to the City of Springfield, Effingham County, 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 the City of Springfield, Effingham County. (g) 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, the City of Springfield, Effingham County, shall remove or relocate its facilities at its sole cost and expense. (h) That the easement granted to the City of Springfield, Effingham County, 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. (i) That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said sanitary sewer system and other utilities. (j) 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. ARTICLE 2 Section 2 . (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the easement tract, and that in all matters relating to the easement tract, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Chatham County, its

Page 758

successors and assigns, an exclusive right of way easement for the construction, operation, and maintenance of a street cul-de-sac in, on, over, under, upon, across, or through the easement tract for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a street cul-de-sac, 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 tract is located in the 6th Georgia militia district of Chatham County, Georgia, and is more particularly described as follows: That portion beginning at a point approximately 34 feet east of the intersection of Fallowfield Drive and Skidaway Road in Chatham County, as shown and delineated in red on a drawing indicating the exclusive right of way easement, containing.01 acre, and being approximately 10' wide and 50' long which is on file in the office of the State Properties Commission, a survey to be prepared by a registered land surveyor, submitted by Chatham County, and approved by the State Properties Commission. (c) That Chatham County shall have the right to remove or cause to be removed from said easement tract only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said street cul-de-sac. (d) That, after Chatham County has constructed and put into use the street cul-de-sac 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, Chatham County, its successors and assigns, shall have the option of removing its public works from the easement tract or leaving the same in place, in which event the public works shall become the property of the State of Georgia, its successors and assigns. (e) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey of the property, prepared by a Georgia Registered Land

Page 759

Surveyor, the conveyance of which is authorized by this resolution, to be furnished by purchaser, and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. (f) That no title shall be conveyed to Chatham County and, except as herein specifically granted to Chatham County, all rights, title, and interest in and to said easement tract is reserved in the State of Georgia, which may make any use of said easement tract not inconsistent with or detrimental to the rights, privileges, and interest granted to Chatham County. (g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the public works placed on the easement tract should be removed or relocated in order to avoid interference with the state's use or intended use of the easement tract, Chatham County shall remove or relocate its public works at its sole cost and expense. (h) That the easement granted to Chatham County 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 more accurate descriptions of the easement tract, so long as the descriptions utilized by the State Properties Commission describe the same easement tract herein granted. (i) That the consideration for such easement shall be $822.00 and the mutual benefit to the parties from the construction of the street cul-de-sac. (j) 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 tract. ARTICLE 3 Section 3 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4 . That all laws or parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. OGLETHORPE POWER CORPORATION AND ALTAMAHA ELECTRIC MEMBERSHIP CORPORATIONEASEMENT ACROSS STATE PROPERTY IN TATTNALL COUNTY. No. 34 (Senate Resolution No. 68). A RESOLUTION Granting a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 1645th Georgia militia district of Tattnall County, Georgia, which is in the custody of the Georgia Department of Corrections, utilized as part of the Georgia State Prison at Reidsville; and WHEREAS, Oglethorpe Power Corporation and Altamaha Electric Membership Corporation desire to construct an electric power substation facility in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, this electric power substation facility in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia, Oglethorpe Power Corporation, and Altamaha Electric Membership Corporation; and

Page 761

WHEREAS, said electric power substation facility will serve in part the Georgia Department of Corrections at its Reidsville State Prison. 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, may grant to Oglethorpe Power Corporation and Altamaha Electric Membership Corporation and their successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electric power substation facility, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 1645th Georgia militia district of Tattnall 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 entitled Ohoopee River 12kV Switching Station, Oglethorpe Power Corporation Topographic Survey, by R. McCann, containing 0.52 acre, and being approximately 150' wide and 150' 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 electric power substation facility. Section 4 . That Oglethorpe Power Corporation and Altamaha Electric Membership Corporation shall not permit any person except Oglethorpe Power Corporation and Altamaha Electric Membership Corporation employees, contractors, subcontractors,

Page 762

and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 5 . That, after Oglethorpe Power Corporation and Altamaha Electric Membership Corporation have constructed and put into use the electric power substation for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia and its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation and Altamaha Electric Membership Corporation and their successors and assigns shall have the option of removing their 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 and its successors and assigns. Section 6 . That no title shall be conveyed to Oglethorpe Power Corporation and Altamaha Electric Membership Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation and Altamaha Electric Membership 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 and Altamaha Electric Membership Corporation. Section 7 . 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 and Altamaha Electric Membership Corporation shall remove or relocate their facilities at their sole cost and expense. Section 8 . That the easement granted to Oglethorpe Power Corporation and Altamaha Electric Membership Corporation 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.

Page 763

Section 9 . That the consideration for such easement shall be $1,500.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said electric power substation facility. Section 10 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 11 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. BATTLE SMITH BRIDGE DESIGNATED. No. 35 (Senate Resolution No. 95). A RESOLUTION Designating the Battle Smith Bridge; and for other purposes. WHEREAS, Mr. Battle Bealle Smith, the editor and publisher of The Eatonton Messenger and The Messenger Plus died Saturday, July 23, 1988; and WHEREAS, Mr. Smith was of a pioneering newspaper family spanning seven generations; and WHEREAS, Mr. Battle Smith was a long-standing resident of Putnam County, Georgia, and was widely recognized as an unparalleled community and civic leader; and

Page 764

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; and WHEREAS, Mr. Smith resided on Murder Creek for many years and enjoyed the creek and its environs very much. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Murder Creek on the Glenwood Springs Road in Putnam County, Georgia, is designated as the Battle Smith Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Battle Smith Bridge. 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 transportation and to the family of Mr. Battle Smith. Approved April 4, 1989. CLAYTON COUNTYEXCHANGE OF STATE OWNED PROPERTY AND COUNTY OWNED PROPERTY. No. 36 (Senate Resolution No. 120). A RESOLUTION Authorizing the conveyance of certain state owned real property located in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 765

WHEREAS, the State of Georgia is the owner of certain real property lying within the boundaries of the City of Jonesboro, Clayton County, Georgia, and being the facilities of the Clayton Regional Youth Development Center; and WHEREAS, custody of the subject state owned real property is vested in the Department of Human Resources; and WHEREAS, said state owned real property is described as all that tract or parcel of land lying and being in Land Lot 48 of the 12th District, Clayton County, Georgia, as shown on plat of survey prepared by the Clayton County Public Works Department, Engineering Division, dated April 24, 1975, revised February 27, 1976, containing approximately 2.07 acres, and being more particularly described as follows: BEGINNING at the intersection of the center line of East Dixie Drive with the east right-of-way line of North McDonough Street; running thence north 41 45[UNK] 48[UNK] east 371.81 feet along the east right-of-way line of said North McDonough Street to an iron pin and the true POINT OF BEGINNING: running thence north 41 55[UNK] 48[UNK] east 285.42 feet along the east right-of-way line of said North McDonough Street to a point; running thence south 47 29[UNK] 12[UNK] east 422.9 feet to a point; running thence south 42 31[UNK] 48[UNK] west 137.96 feet to a point; running thence north 69 40[UNK] 03[UNK] west 224.32 feet to a point; running thence north 54 28[UNK] 12[UNK] west 87.5 feet to a point; running thence north 70 03[UNK] 12[UNK] west 134.64 feet to the north right-of-way line of said North McDonough Street and the POINT OF BEGINNING and being improved property known as the Clayton County Juvenile Detention Center; and WHEREAS, the Clayton County Board of Commissioners represents that it is the owner of certain real property; and WHEREAS, said Clayton County owned property is all that tract or parcel of land lying and being in Clayton County, Georgia, lying in and being a part of Land Lots numbers 156 and 165 of the 6th Land District and being generally described as follows:

Page 766

That certain now vacant and unimproved tract or parcel of land situate, lying and being north of State Road 3, containing approximately 7.5 acres. The property here described is more particularly shown on a drawing outlined in red on file in the office of the State Properties Commission and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the property owner; and WHEREAS, the existing facility was conveyed on June 6, 1978, to the state for the operation of a regional detention facility; and WHEREAS, Clayton County could better utilize the existing facility due to its proximity to the Clayton County Governmental Complex; and WHEREAS, the state shall not convey its interest in the current facility until the new facility is completed and occupied; and WHEREAS, the existing facility housing the Clayton Regional Youth Development Center is inadequate in size and land expanding space, and the Department of Human Resources has a need for real property for the construction of a new facility; and WHEREAS, exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Clayton County and would 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 Clayton County owned real property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to Clayton County the hereinabove described state owned real property and to accept in consideration

Page 767

therefor from Clayton County a conveyance of the hereinabove described Clayton County 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 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 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, to be furnished by the property owner and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. Section 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989.

Page 768

P. C. TOWERS, L.P.CONVEYANCE OF STATE OWNED PROPERTY IN THE CITY OF ATLANTA. No. 37 (Senate Resolution No. 126). A RESOLUTION Authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the City of Atlanta, Fulton County, Georgia; and WHEREAS, such real property is under the custody of the Department of Labor; and WHEREAS, the Department of Labor has determined that such real property is surplus to its needs and has approved the conveyance to P. C. Towers, L.P., a Georgia limited partnership; and WHEREAS, P. C. Towers, L.P., a Georgia limited partnership, is desirous of obtaining property to utilize in the operation of its adjoining packing facility and is willing to waive any restrictions on the use by the Department of Labor of the remaining easement area and has agreed to improve the remaining easement area to the satisfaction of the Department of Labor; and WHEREAS, said real property is described as: All those tracts or parcels of land lying and being in Land Lot 51 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: PARCEL A To find the TRUE POINT OF BEGINNING of the tract of land herein described as PARCEL A, commence at a brass disc set marking the point of intersection of the southern right-of-way line of Harris Street (60 foot right-of-way) and the eastern right-of-way line of Courtland Street (70 foot right-of-way; and running thence south 00 55[UNK] 15[UNK] west

Page 769

along the eastern right-of-way line of Courtland Street, a distance of 124.53 feet to an iron pin set; running thence south 89 6[UNK] 46[UNK] east a distance of 271.32 feet to an iron pin set and the TRUE POINT OF BEGINNING of the tract of the land herein described; from the TRUE POINT OF BEGINNING thus established running thence south 01 17[UNK] 31[UNK] west a distance of 30.80 feet to a point; running thence south 89 06[UNK] 46[UNK] east a distance of 33.94 feet to a point; running thence north 01 17[UNK] 31[UNK] east a distance of 30.80 feet to a point; running thence north 89 06[UNK] 46[UNK] west a distance of 33.94 feet to an iron pin set at the point of beginning; according to Boundary and Topographic Survey for P. C. Towers, L.P., dated July 20, 1988, last revised January 11, 1989, prepared by Planners and Engineers Collaborative under the seal of Robert L. White, Georgia Registered Land Surveyor No. 2080. PARCEL B To find the TRUE POINT OF BEGINNING of the tract of land herein described as PARCEL B, commence at a brass disc set marking the point of intersection of the southern right-of-way line of Harris Street (60 foot right-of-way) and the eastern right-of-way line of Courtland Street (70 foot right-of-way); and running thence south 00 55[UNK] 15[UNK] west along the eastern right-of-way line of Courtland Street, a distance of 124.53 feet to an iron pin set; running thence south 80 06[UNK] 46[UNK] east a distance of 271.32 feet to an iron pin set; running thence south 01 17[UNK] 31[UNK] west a distance of 30.80 feet to the TRUE POINT OF BEGINNING of the tract of land herein described; from the TRUE POINT OF BEGINNING run thence south 01 17[UNK] 31[UNK] west a distance of 30.80 feet to a point; running thence south 89 06[UNK] 46[UNK] east a distance of 33.94 feet to point; running thence north 01 17[UNK] 31[UNK] a distance of 30.80 feet to a point; thence running north 89 06[UNK] 46[UNK] west a distance of 33.94 feet to the point of beginning; according to Boundary and Topographic Survey for P. C. Towers, L.P., dated July 20, 1988, last revised January 11, 1989, prepared by Planners and Engineers Collaborative under the seal of Robert L. White, Georgia Registered Land Surveyor No. 2080.

Page 770

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia has the exclusive use in the above real property described as PARCEL A and that in all matters relating to the conveyance of any interests in PARCEL A the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the conveyance by the State Properties Commission of the state's exclusive use in the above-described PARCEL A shall be conditioned upon P. C. Towers, L.P., a Georgia limited partnership, releasing any restriction on the use by the Department of Labor on the remaining easement area described above as PARCEL B to the State of Georgia by appropriate instrument. Section 3 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described PARCEL A by appropriate instrument to P. C. Towers, L.P., a Georgia limited partnership, for a consideration of $650.00 and other valuable considerations and upon such further considerations, terms, and conditions as directed by the State Properties Commission. Section 4 . That, a 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 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 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 April 4, 1989.

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CITY OF BAINBRIDGESWAP OF CITY PROPERTY FOR STATE PROPERTY. No. 38 (Senate Resolution No. 127). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain 2.81 acres of real property lying within the boundaries of the City of Bainbridge, Decatur County, Georgia, and containing a National Guard Armory; and WHEREAS, custody of the subject state owned real property is vested in the Georgia Department of Defense; and WHEREAS, the City of Bainbridge conveyed the above 2.81 acre tract to the State of Georgia by warranty deed dated August 16, 1952, for a consideration of $10.00; and WHEREAS, the City of Bainbridge inadvertently encroached upon a portion of the 2.81 acre tract when constructing a retention pond and pumping station on adjoining city owned land; and WHEREAS, the City of Bainbridge now wishes to correct the encroachment and has agreed to convey a.43 acre tract to the State of Georgia in exchange for a.21 acre tract; and WHEREAS, the city's land is shown as the 0.43 acre tract on a certain plat entitled DEPARTMENT OF DEFENSE, BAINBRIDGE ARMORY by Shad L. Atkinson, Georgia Registered Land Surveyor No. 2254, dated January 19, 1989, a copy of which is on file with the State Properties Commission and to which reference is expressly made, hereinafter called CITY OWNED EXCHANGE PROPERTY; and

Page 772

WHEREAS, the encroachment on the land of the State of Georgia is also shown on the above-referenced plat as the 0.21 acre tract to which reference is expressly made, hereinafter called STATE OWNED EXCHANGE PROPERTY; and WHEREAS, the exchange of the aforedescribed tracts or parcels of real property would be beneficial both to the State of Georgia and the City of Bainbridge and would 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 City of Bainbridge owned real property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by appropriate instrument to the City of Bainbridge the hereinabove described STATE OWNED EXCHANGE PROPERTY and to accept in consideration therefor from the City of Bainbridge a conveyance of the hereinabove described CITY OWNED EXCHANGE PROPERTY. Section 3 . That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. Section 4 . That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 5 . That, for purposes of compliance with the provisions of paragraphs (2) and (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property to the state and 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 prepared by Shad L. Adkinson, Georgia Registered Land Surveyor No. 2254, labeled DEPARTMENT OF DEFENSE, BAINBRIDGE ARMORY

Page 773

located in Land Lot 280 of Land District 20, Bainbridge, Decatur County, Georgia, dated January 19, 1989, currently on file with the State Properties Commission, shall constitute an acceptable plat for filing. 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 repealed. Approved April 4, 1989. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANYEASEMENT ACROSS STATE PROPERTY IN BURKE COUNTY. No. 39 (Senate Resolution No. 132). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 60th Georgia militia district of Burke County, Georgia, which is in the custody of and utilized by the Georgia Forestry Commission as a forest fire tower site; and WHEREAS, Southern Bell Telephone and Telegraph Company is installing a fiber optic telecommunication cable linking Augusta with Savannah; and

Page 774

WHEREAS, a portion of this system must pass through the above-described state owned property and would be beneficial to the State of Georgia and public interests; and WHEREAS, the Georgia Forestry Commission, by resolution dated January 26, 1989, agrees with granting this easement to Southern Bell Telephone and Telegraph Company for the above-mentioned purpose. 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 areas and that, in all matters relating to the easement areas, 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 Southern Bell Telephone and Telegraph Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through the easement areas for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a fiber optic telecommunications 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 areas are located in the 60th Georgia militia district of Burke County, Georgia, and are more particularly described as follows: That portion and that portion only as shown and delineated in red on a plat entitled 15' Permanent Easement and 10' Temporary Construction Easement (along Ga. Hwy 24) on property of the Georgia Forestry Commission by L. Steve Bargeron, Georgia Registered Land Surveyor No. 1871. This plat indicating the permanent easement, containing.04 acre, and being approximately 15' wide and 115' long, and the temporary easement being 10' wide and 115' long, is on file in the office of the State Properties Commission.

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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 fiber optic telecommunication cable. Section 4 . That Southern Bell Telephone and Telegraph Company shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said fiber optic telecommunication cable. Section 5 . That, after Southern Bell Telephone and Telegraph Company has constructed and put into use the fiber optic telecommunication 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, Southern Bell Telephone and Telegraph Company, its successors and assigns, shall have the option of removing its facilities from the easement areas or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, its successors and assigns. Section 6 . That no title shall be conveyed to Southern Bell Telephone and Telegraph Company, and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company. Section 7 . 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 areas should be removed or relocated in order to avoid interference with the state's use or intended use of the easement areas, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense. Section 8 . That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission

Page 776

shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate descriptions of the easement areas, so long as the descriptions utilized by the State Properties Commission describe the same easement areas herein granted. Section 9 . That the consideration for such easement shall be $1,045.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said fiber optic telecommunication cable. Section 10 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 11 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. STATE PROPERTYEASEMENTS THROUGH STATE OWNED PROPERTY IN TALIAFERRO COUNTY AND MONROE COUNTY. No. 40 (Senate Resolution No. 154). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic cable in, on, over, under, upon, across, and through property owned by the State of Georgia in Taliaferro County, Georgia; granting a nonexclusive easement for relocation, construction, operation, and maintenance of an electric

Page 777

transmission line on, over, upon, and across property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 601st, 604th, and 607th Georgia militia districts of Taliaferro County, Georgia, which is in the custody of the Department of Natural Resources and is known as the Alexander H. Stephens State Park; and (2) Georgia Power Company now holds an easement for an electrical transmission line across Alexander H. Stephens State Park property; and (3) Southern Bell Telephone and Telegraph Company desires to extend an underground fiber optic cable in, on, over, under, upon, across, and through a portion of said state owned property lying within the Georgia Power Company transmission line easement; and (4) Southern Bell Telephone and Telegraph Company has reached agreement with Georgia Power Company for the use of the right of way of Georgia Power Company for running under ground fiber optic cable; and (5) The underground fiber optic cable in, on, over, under, upon, across, and through a portion of said property will be beneficial to the public and Southern Bell Telephone and Telegraph Company; and WHEREAS: (1) Georgia Power Company has also cooperated in the relocation of its existing transmission line across the site of the Georgia Public Safety Training Center in Monroe County, Georgia; and (2) The state is the owner of the site of the center, and in particular, the site of the relocated line, certain real property in Land Lots 104, 105, and 120 of the 6th Land District in Monroe County, Georgia, which is more particularly described on that

Page 778

certain plat of survey prepared by Georgia Power Company, Land Department, entitled Barnesville-Forsyth Transmission Line, Drawing No. N-315, dated March 1987; and (3) Georgia Power Company holds certain easements for right of way from prior owners in regard to different locations within the training center site, and it is mutually beneficial to provide for the relocation by exchange of an easement from the State of Georgia in return for a quitclaim deed from Georgia Power Company. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1 . (a) 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. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Bell Telephone and Telegraph Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an underground fiber optic cable in, on, over, under, upon, across, and through the easement area for the purpose of constructing, inspecting, replacing, repairing, maintaining, and operating an underground fiber optic 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. (c) That the said easement area is located in the 601st and 607th Georgia militia districts of Taliaferro County, Georgia, within an existing Georgia Power Company easement known as the Stevens Creek - Union Point Transmission Line right of way which crosses the north portion of the Alexander H. Stephens State Park for a distance of approximately 6,800 feet and is briefly described as being a 10 foot wide strip of land located within the boundaries of and adjacent to the northerly side of the above-referenced Georgia Power Company easement. Said easement area will be more particularly described by a plat of survey obtained by Southern Bell Telephone

Page 779

and Telegraph Company and presented to and approved by the State Properties Commission. (d) That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating an underground fiber optic cable. (e) That Southern Bell Telephone and Telegraph Company shall not permit any person except Southern Bell Telephone and Telegraph Company employees, contractors, subcontractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated in this resolution. (f) That Southern Bell Telephone and Telegraph 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 underground fiber optic cable. (g) That, after Southern Bell Telephone and Telegraph Company has constructed and put into use the fiber optic 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, Southern Bell Telephone and Telegraph 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. (h) That no title shall be conveyed to Southern Bell Telephone and Telegraph Company and, except as herein specifically granted to Southern Bell Telephone and Telegraph 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 Southern Bell Telephone and Telegraph Company. (i) 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

Page 780

in order to avoid interference with the state's use or intended use of the easement area, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense. (j) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the 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, to be furnished by purchaser, shall constitute an acceptable plat for filing. (k) That the consideration for such easement shall be not less than the fair market value thereof plus $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said fiber optic cable. (l) 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. ARTICLE 2 Section 2 . (a) That the State of Georgia is the owner of certain real property in Land Lots 104, 105, and 120 of the 6th Land District in Monroe County, Georgia, which is more particularly described on that certain plat of survey prepared by Georgia Power Company, Land Department, entitled Barnesville-Forsyth Transmission Line, Drawing No. N-315, dated March 1987, hereinafter referred to as the Training Center easement area, and that, in all matters relating to the Training Center easement area, the State of Georgia is acting by and through its State Properties Commission. (b) 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 relocation, construction, inspection, replacement, repair, maintenance, and operation of an overhead electric power transmission line on, over, upon, and across the Training Center easement area, together with such further terms and conditions as may be established by the commission.

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(c) That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing to be furnished by Georgia Power Company shall constitute an acceptable plat for filing if approved by the commission. (d) That the consideration for such easement shall be a quitclaim deed to the original site of the Georgia Public Safety Training Center from Georgia Power Company to the State of Georgia. (e) 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. ARTICLE 3 Section 3 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 4 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. CONVEYANCE OF STATE OWNED PROPERTY IN SUMTER COUNTY AUTHORIZED. No. 41 (Senate Resolution No. 175). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Sumter County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property containing approximately 95 acres located in Sumter County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Sumter County, Georgia, located in the 27th Land District, it lying in and being a part of land lot numbers 80, 81, 82, 99, and 100 and being generally described as follows: That certain now vacant triangular tract or parcel of land lying in Land Lot 80, north of the east/west runway and east of the north/south runway of Souther Field containing approximately 25 acres, and that tract lying in Land Lots 81, 82, 99, and 100 lying south of the east/west runway and west of the north/south runway of Souther Field containing approximately 70 acres, the property here described is more particularly shown on a drawing outlined in red on file in the office of the State Properties Commission, and will be more particularly described by a plat of survey that will be prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission by the Board of Commissioners of Sumter County; and WHEREAS, said property is under the custody and management of the Georgia Department of Technical and Adult Education; and WHEREAS, the Board of Directors of the South Georgia Technical Institute has approved the disposition of the above property; and WHEREAS, said property is not being utilized by the Georgia Department of Technical and Adult Education and is therefore surplus to its needs; and WHEREAS, said property was conveyed to the state by deed of gift from Sumter County; and WHEREAS, the Board of Commissioners of Sumter County is desirous of obtaining the above-described property for industrial development.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the above-described real property shall be conveyed by appropriate instrument to the Sumter County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for a consideration determined by the State Properties Commission and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 3 . That, if the Sumter County Board of Commissioners determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia. Section 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 5 . That, 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, to be furnished by the purchaser and presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing.

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Section 6 . 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 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1989. ETHICS IN GOVERNMENT ACTCOMMISSIONER OF INSURANCE; CAMPAIGN CONTRIBUTIONS. Code Section 21-5-30.1 Enacted. No. 514 (Senate Bill No. 30). AN ACT To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the Ethics in Government Act, so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contributions to or on behalf of the person holding office as Commissioner of Insurance or to or on behalf of candidates for the office of Commissioner of Insurance or to or on behalf of campaign committees of such candidates; to prohibit persons holding office as Commissioner of Insurance and candidates and campaign committees of candidates for the office of Commissioner of Insurance from accepting such contributions; to authorize certain employee contributions under certain circumstances; to prohibit certain coercive action to compel contributions; to provide for definitions and for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the Ethics in Government Act, is amended by adding a new Code section immediately following Code Section 21-5-30, to be designated Code Section 21-5-30.1, to read as follows: 21-5-30.1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term: (1) `Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of Commissioner of Insurance. (2) `Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of Commissioner of Insurance or encouraging the holder of such office to seek reelection. The term `contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of Commissioner of Insurance and any other payment or purchase made for and on behalf of the holder of the office of Commissioner of Insurance or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term `contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source. (3) `Industrial loan licensee' means a licensee as defined by paragraph (3) of Code Section 7-3-3, relating to definitions applicable to Chapter 3 of Title 7, known as the `Georgia Industrial Loan Act.'

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(4) `Insurer' means an insurer as defined by paragraph (4) of Code Section 33-1-2, relating to definitions applicable to Title 33, known as the `Georgia Insurance Code.' (5) `Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (b) No industrial loan licensee or insurer and no person or political action committee acting on behalf of an industrial loan licensee or insurer shall make a contribution to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candidate for the office of Commissioner of Insurance or to or on behalf of a campaign committee of any such candidate. (c) No person holding office as Commissioner of Insurance and no candidate for the office of Commissioner of Insurance and no campaign committee of a candidate for the office of Commissioner of Insurance shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by an industrial loan licensee or insurer, including a person in whose name a license is held, from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as Commissioner of Insurance or to or on behalf of a candidate for the office of Commissioner of Insurance or to or on behalf of a campaign committee of any such candidate. It shall be unlawful and a violation of this Code section for any insurer or industrial loan licensee or other person to require another by coercive action to make any such contribution. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSRECOUNTS IN MUNICIPAL ELECTIONS; PROCEDURES. Code Section 21-3-405 Amended. No. 515 (Senate Bill No. 42). AN ACT To amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to returns in municipal elections, so as to provide for a recount of the votes upon the petition of any candidate or political party or upon the motion of the superintendent; to provide procedures with respect to such recount in precincts where paper ballots or vote recorders have been used; to provide procedures for a recanvass of the votes in precincts where voting machines have been used; to require the superintendent and other election officials to perform certain duties under certain circumstances; to provide that certain materials shall constitute prima-facie evidence of the result of a primary or election; to change the provisions relating to the losing candidate's right to a recount; to provide for recounts in cases where a candidate has been declared eligible for a run-off primary or election; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to returns in municipal elections, is amended by striking in its entirety Code Section 21-3-405, relating to a losing candidate's right to a recount, and inserting in lieu thereof a new Code Section 21-3-405 to read as follows:

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21-3-405. (a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county chairman of each party or body affected by the recount; and each such candidate may be present in person, or by representative; and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly. (b) In precincts where voting machines have been used, whenever it appears that there is a discrepancy in the returns recorded for any voting machine or machines or that an error, although not apparent on the face of the returns, exists, the superintendent shall, either of his own motion or upon the sworn petition of three electors of any precinct, order a recanvass of the votes shown on that particular machine or machines. Such recanvass may be conducted at any time prior to the certification of the consolidated returns by the superintendent. In conducting such recanvass, the superintendent shall summon the poll officers of the precinct; and such officers, in the presence of the superintendent, shall make a record of the number of the seal upon the voting machine or machines and the number of the protective counter or other device; shall make visible the registering counters of each such machine; and, without unlocking the machine against voting, shall recanvass the vote thereon. Before making such recanvass, the superintendent shall give notice in writing to the custodian of voting machines, to each candidate, and to the county chairman of each party or body affected by the recanvass; and each such candidate may be present in person, or by representative; and each of such parties or bodies may send two representatives to be present at such recanvass. If, upon such recanvass, it shall be found that the original canvass of the returns has been correctly made from the machine and that the

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discrepancy still remains unaccounted for, the superintendent, with the assistance of the custodian, in the presence of the poll officers and the authorized candidates and representatives, shall unlock the voting and counting mechanism of the machine and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in returns from such machine. Each counter shall be reset at zero before it is tested, after which it shall be operated at least 100 times. After the completion of such examination and test, the custodian shall then and there prepare a statement, in writing, giving in detail the result of the examination and test; and such statement shall be witnessed by the persons present and shall be filed with the superintendent. If, upon such recanvass, it shall appear that the original canvass of the returns by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly; provided, however, that in the case of returns from any precinct wherein the primary or election was held by the use of a voting machine equipped with a mechanism for printing paper proof sheets, such proof sheets, if mutually consistent, shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima-facie accurate; and there shall not be considered to be any discrepancy or error in the returns from any such precinct, such as to require a recanvass of the vote, if all available proof sheets, from the voting machine used therein, identified to the satisfaction of the superintendent and shown to his satisfaction to have been produced from proper custody, shall be mutually consistent; and, if the general and duplicate returns, or either of them, from such precincts shall not correspond with such proof sheets, they, and all other papers being prepared by the superintendent, shall be corrected so as to correspond with the same, in the absence of allegation of specific fraud or error proved to the satisfaction of the superintendent by the weight of the evidence; and only in such case shall the vote of such precinct be recanvassed under this Code section. (c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of

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the total votes which were cast for such office, any candidate or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following certification of the election results to the governing authority shall have the right to a recount of the votes cast if the losing candidate makes a written request for such recount. After such request, the superintendent shall order an immediate recount of such votes to be made. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent shall be corrected accordingly and the results recertified. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ETHICS IN GOVERNMENT ACTCAMPAIGN CONTRIBUTIONS; GENERAL ASSEMBLY CANDIDATES; CAMPAIGN CONTRIBUTION DISCLOSURE REPORTS. Code Section 21-5-31 Amended. No. 516 (Senate Bill No. 45). AN ACT To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that persons who accept contributions for, make contributions to, or make expenditures on behalf of candidates for membership in the General Assembly shall not be required to file with local election superintendents as required of candidates for membership in the General Assembly; to change the provisions relating to the filing

Page 791

of campaign contribution disclosure reports by campaign committees which accept contributions or make expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer; 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 21 of the Official Code of Georgia Annotated, relating to campaign contributions, is 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 candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, 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, and except that copies of campaign contribution disclosure reports do not have to be filed with local election superintendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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GEORGIA RESIDENTIAL FINANCE AUTHORITY ACTRESIDENTIAL AND FAMILY FARM MORTGAGES; FINDINGS; DEFINITIONS; BONDS; STATE HOUSING GOAL REPORTS; RESIDENTIAL CARE FACILITIES. Code Sections 8-3-171, 8-3-172, 8-3-176, 8-3-180, and 8-3-199.1 Amended. No. 517 (Senate Bill No. 51). 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 expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which may be issued; to change the due date for submission of the state housing goal reports; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, is amended by striking the word and at the end of paragraph (8) of subsection (a) of Code Section 8-3-171, relating to legislative findings, and by striking the period at the end of paragraph (9) of subsection (a) of said Code section and inserting in lieu thereof a semicolon, and by adding at the end of subsection (a) two new paragraphs (10) and (11) to read as follows: (10) That the lack of appropriate residential care facilities for the mentally disabled is a substantial contributing factor to the growing ranks and plight of the homeless and that the condition of homelessness is adverse to the health, safety, and welfare of the citizens of this state; and that it is a public purpose to ensure the availability of financial assistance for the acquisition, rehabilitation, construction, or preservation of appropriate residential care facilities for the mentally disabled; and

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(11) That as the ranks of the elderly continue to grow, it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to assist in meeting the special housing needs of the elderly, which assistance shall include, but not be limited to, financial assistance to the elderly homeowner based on the homeowner's equity in his or her residence which shall enable the homeowner to remain in his or her house for as long as physically able, thereby promoting community stability, preserving and improving housing stock, and enhancing the quality of life for our elderly citizens; and to provide assistance in the financing of residential care facilities for the elderly. Section 2 . Said article is further amended by striking subsection (b) of Code Section 8-3-171, relating to legislative findings, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford; and to assist in providing residential care facilities for the mentally disabled and the elderly; and to provide financial assistance to the elderly homeowner to the extent of the homeowner's equity in their residence. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of developing and stimulating commercial and industrial operations in certain areas of the state, to assist in providing dwelling accommodations for persons, regardless of income, who are determined eligible by the authority as a means of addressing the housing shortage problem described in paragraphs (6), (7), and (8) of subsection (a) of this Code section. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of decreasing residential energy use so as to make available more energy for trade, commerce, industry, and employment opportunities, to assist in the financing of residential energy-conserving systems, measures, and devices and to otherwise provide financial

Page 794

assistance to persons and families so that they may obtain affordable and available public utilities for their residences. Section 3 . Said article is further amended by striking paragraph (4) from Code Section 8-3-172, relating to definitions, and inserting in lieu thereof a new paragraph (4), and by adding three new definitions which shall be numbered (8.1), (10.1), and (15.1) to read as follows: (4) `Community facilities' means the land, buildings, improvements, and equipment for such recreational, community, educational, health care, and commercial facilities as the authority determines improve the quality of the residential development for eligible persons and families. (8.1) `Home equity conversion mortgage' means a secured mortgage which results when the owner of a single-family, condominium, or cooperative housing unit converts all or a portion of the accumulated equity in such unit into cash through an interest-bearing loan based on the value of said equity. The cash may be distributed in either a lump sum or periodically. The mortgage shall be due and payable either at the death of the homeowner or at such earlier time or event as the authority may provide. (10.1) `Mentally disabled' means and includes the mentally or emotionally ill; the mentally retarded; the developmentally disabled who require treatment similar to the mentally retarded, including persons with epilepsy, cerebral palsy, and autism; and those addicted to, abusive of, or dependent upon alcohol, narcotics, or other drugs. (15.1) `Residential care facility' means and includes, without limitation: (A) Any public or nonprofit private diagnostic, treatment, or rehabilitation facility for the mentally disabled providing community based residential services to the mentally disabled and including such community, health care, administrative, and staff facilities as reasonably required to provide community based residential services to the mentally disabled; and

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(B) Any public or nonprofit private congregate, life, or extended care or elderly housing facility or any public or nonprofit private home for the aged or infirm. Section 4 . Said article is further amended by striking the word and at the end of paragraph (31) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, and by striking the period at the end of paragraph (32) of subsection (a) and inserting in lieu thereof a semicolon, and by adding at the end of subsection (a) two new paragraphs (33) and (34) to read as follows: (33) To issue bonds and to purchase, make, or otherwise finance mortgages or provide other financial assistance for the acquisition, rehabilitation, preservation, or construction of residential care facilities for the mentally disabled and residential care facilities for the elderly; and (34) To issue bonds and to purchase, make, or otherwise finance home equity conversion mortgages for the elderly. Section 5 . Said article is further amended by striking paragraphs (1), (2), and (3) of subsection (a) of Code Section 8-3-180, relating to the issuance and validation of bonds by the Georgia Residential Finance Authority, in their entirety and inserting in lieu thereof new paragraphs (1), (2), and (3) to read as follows: (a) (1) The authority shall have the power and is authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including, but not limited to, the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; for the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, preservation, construction, or rehabilitation of residential care facilities for the mentally disabled and residential care facilities for the elderly; and for the acquisition of construction loan certificates

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and project loan certificates to finance the making of mortgage loans in connection with acquisition, construction, or rehabilitation of residential rental housing; to finance the making of mortgage loans in connection with the refinancings of residential rental housing; to finance the making, purchasing, participation in making, and purchasing of participations of home equity conversion mortgages for the elderly; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate principal amount exceeding $715 million, excluding bonds and notes issued to refund outstanding bonds and notes. Any bonds and notes issued to finance or fund home equity conversion mortgages for the elderly shall fall within this single-family residential housing cap. (3) The authority shall not have outstanding at any one time bonds and notes for its multifamily residential rental housing program in an aggregate principal amount exceeding $150 million, excluding bonds and notes issued to refund outstanding bonds and notes. Any bonds and notes issued to finance residential care facilities for the mentally disabled or for the elderly shall fall within this multifamily residential rental housing cap. Section 6 . Said article is further amended by striking in its entirety Code Section 8-3-199.1, relating to a state housing goal report, and inserting in lieu thereof a new Code Section 8-3-199.1 to read as follows: 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 1990 session and continuing every even-numbered year thereafter. The report

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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 required to assist the State Office of Housing to prepare its reports and perform its functions. 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 10, 1989. POLYGRAPH EXAMINERSQUALIFICATIONS; INTERNS; RIGHTS OF EXAMINEES; PRESERVATION OF RECORDS. Code Title 43, Chapter 36 Amended. No. 518 (Senate Bill No. 102). AN ACT To amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to change certain provisions relating to qualifications for a license as a polygraph examiner; to change certain provisions relating to polygraph examiner interns; to provide for additional rights of polygraph examinees; to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, is amended by striking subsection (a) of Code Section 43-36-6, relating to qualifications of applicants for certain licenses, and inserting in its place a new subsection (a) to read as follows: (a) In order to qualify for a license as a polygraph examiner, a person must: (1) Be at least 21 years of age; (2) Be a citizen of the United States; (3) Be a person of good moral character; (4) (A) Have a bachelor's degree from a full four-year regionally accredited university or college which shall include at least one course in physical science and one course in psychology; (B) (i) Have completed two years of study, or its equivalent, at such a university or college which shall include at least one course in physical science and one course in psychology; and (ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency; or (C) (i) Have a high school diploma or a general educational development (GED) equivalency diploma; and (ii) Have at least five years' experience as an investigator or detective with a municipal, county, state, or federal agency. Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant;

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(5) Have satisfactorily completed a formal training course in the use of a polygraph. Such training shall be of at least six weeks' duration at a polygraph examiners' school acceptable to the board; (6) Have completed a period of a minimum of six months as a polygraph examiner intern under the supervision of a qualified polygraph examiner in this state or a polygraph examiner who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and (7) Have passed any examination approved by the board for the purpose of determining the qualifications and fitness of applicants for licenses. Section 2 . Said chapter is further amended by striking subsections (a) and (d) of Code Section 43-36-7, relating to polygraph examiner interns, and inserting in their places new subsections (a) and (d), respectively, to read as follows: (a) Prior to examination, a polygraph examiner intern must administer a minimum number of examinations as determined by the board in any given six-month internship period. The board, in its discretion, may require a polygraph examiner intern to bring all polygraph charts and allied papers resulting from the examinations conducted by the polygraph examiner intern for review by the board. (d) (1) The polygraph examiner who supervises a polygraph examiner intern must be a polygraph examiner licensed by the board for a period of at least three years immediately prior to commencing such supervision. (2) A polygraph examiner may not supervise more than two polygraph interns at any one time. (3) The intern shall be personally supervised and controlled by the licensed polygraph examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or consultation.

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Section 3 . Said chapter is further amended by deleting the ; and at the end of subparagraph (a)(3)(F) of Code Section 43-36-15, relating to rights of examinees, and inserting in its place a period and by adding a new subparagraph immediately following subparagraph (a)(3)(F), to be designated subparagraph (a)(3)(G), to read as follows: (G) An examiner may not conduct the examination if there is sufficient written evidence by a physician that the examinee is suffering from a medical or psychological condition or undergoing treatment that might cause abnormal responses during the actual testing phase; and. Section 4 . Said chapter is further amended by striking Code Section 43-36-16, relating to preservation of examination records, and inserting in its place a new Code Section 43-36-16 to read as follows: 43-36-16. A polygraph examiner shall preserve and keep on file for a minimum of three years after administering a polygraph examination all opinions, reports, charts, question lists, and all other records relating to the polygraph examination. Section 5 . Said chapter is further amended by adding a new Code section immediately following Code Section 43-36-16, to be designated Code Section 43-36-16.1, to read as follows: 43-36-16.1. The provisions of this chapter shall apply to all polygraph examinations conducted in this state which are not otherwise regulated under the federal Employee Polygraph Protection Act of 1988 (P.L. 100-347, 29 U.S.C.2001, et seq.). 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 10, 1989.

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COUNTIESCONSTITUTIONAL COUNTY OFFICERS; SALARY; LONGEVITY INCREASES. Code Sections 15-6-90, 15-9-65, 15-16-20, and 48-5-183 Amended. No. 519 (Senate Bill No. 159). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary based on longevity in office with respect to tax collectors and tax commissioners; 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 (a) of Code Section 15-6-90, relating to longevity increases with respect to salaries of clerks of the superior courts, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105 shall be increased by 5 percent per each four-year term of office served by any clerk after December 31, 1976, figured at the end of each such period of service. Section 2 . Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases with respect to salaries of judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-65 to read as follows: 15-9-65. The amounts provided in paragraph (2) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64

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shall be increased by 5 percent for each four-year term of office served by any judge of a probate court after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63 through 15-9-67, in which event Code Sections 15-9-63 through 15-9-67 shall prevail. Section 3 . Said title is further amended by striking in its entirety subsection (b) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs, which reads as follows: (b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982. (2) The amounts provided in subsection (a) of this Code section, including any increases provided by paragraph (1) of this subsection, where applicable, shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section., and inserting in lieu thereof a new subsection (b) to read as follows: (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 15-16-20.1 shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, figured at the end of each such period of service. Section 4 . Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The amounts provided in paragraph (1) of subsection (b) of this Code section, subsection (g) of Code Section 48-5-137,

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and, where applicable, Code Section 21-2-212 shall be increased by 5 percent for each four-year term of office served by any tax collector or tax commissioner after December 31, 1976, figured at the end of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1979. The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. PROPERTYFORECLOSURES ON PERSONALTY; IMMEDIATE WRITS OF POSSESSION; TRANSACTIONS INVOLVING BAD CHECKS. Code Section 44-14-261 Amended. No. 520 (Senate Bill No. 185). AN ACT To amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for immediate writs of possession and foreclosures arising out of certain transactions involving the issuance of a bad check; to provide for a petition for immediate writ of possession with respect to certain transactions involving the issuance

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of a bad check; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, is amended by striking in its entirety Code Section 44-14-261, relating to a petition for immediate writ of possession, and inserting in lieu thereof a new Code Section 44-14-261 to read as follows: 44-14-261. Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immediate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for merchandise or services rendered on merchandise which was paid for, in whole or in part, by a bad check as the term `bad check' is defined in Code Section 44-14-516. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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PROPERTYLIENS ON PROPERTY PAID FOR WITH BAD CHECKS. Code Section 44-14-516 Amended. No. 521 (Senate Bill No. 186). AN ACT To amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term bad check; to provide for the priority and perfection of such a lien; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, is amended by striking in its entirety Code Section 44-14-516, relating to a lien on merchandise when a stop payment is issued on a check used to purchase merchandise or services, and inserting in lieu thereof a new Code Section 44-14-516 to read as follows: 44-14-516. (a) For the purposes of this Code section, the term `bad check' means a check drawn for payment of money on any bank or other depository in exchange for merchandise or for services rendered on merchandise when: (1) The drawer had no account with the drawee at the time the check was drawn; (2) Payment was refused by the drawee for lack of funds in the account of the drawer upon presentation within 30 days after delivery and the drawer or someone for him shall not have paid the payee the amount due thereon within ten days after receiving written notice mailed by certified or registered mail that payment was refused upon such instrument; or

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(3) Notice mailed by certified or registered mail as provided in paragraph (2) of this subsection is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address printed on the check or given by the drawer at the time of issuance of the check. (b) The payee of any bad check written in full or partial payment for merchandise or for services rendered on merchandise, delivered at the time of the acceptance of the check, shall have a lien for the face amount of the check on the merchandise so delivered. Such liens shall occupy the same position as mechanics' liens and shall be perfected in the same manner as mechanics' liens. (c) The payee of any check written in full or partial payment for merchandise or for services rendered on merchandise, delivered at the time of the acceptance of the check and on which the payer subsequently issues a stop payment order, shall have a lien for the face amount of the check on the merchandise so delivered if the stop payment order was issued within five days after the delivery of the merchandise. Such liens shall occupy the same position as mechanics' liens and shall be perfected in the same manner as mechanics' liens. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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UNIFORM COMMERCIAL CODECOMMERCIAL PAPER; STATEMENT OF REASON FOR DISHONOR. Code Section 11-3-508 Amended. No. 522 (Senate Bill No. 187). AN ACT To amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the Uniform Commercial CodeCommercial Paper article, so as to provide that upon request of any party to an instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liability to the drawer as a result of such statement; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the Uniform Commercial CodeCommercial Paper article, is amended by striking subsection (3) in its entirety and inserting in lieu thereof a new subsection (3) to read as follows: (3) Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket, or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient. Upon request of any party to the instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liability to the drawer as a result of such statement.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. EDUCATIONSTATE GRANTS TO LOCAL SCHOOL SYSTEMS; COMPUTATION AND INCLUSION ON AD VALOREM TAX BILLS; ATTENDANCE REPORTS. Code Sections 20-2-330 through 20-2-333 Repealed. Code Sections 20-2-334 and 20-2-697 Amended. No. 523 (Senate Bill No. 240). AN ACT To amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain state aid to local school systems, so as to repeal certain provisions relating to grants based on average daily attendance; to change the provisions relating to the requirements that the effect of grants shall be shown on tax bills; to amend Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to school attendance reports and records kept by public schools, so as to provide requirements relative to the use of school attendance reports; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain state aid to local school systems, is amended by repealing Code Section 20-2-330 through 20-2-333, which read as follows: 20-2-330. The purpose of this part is to provide funds to local public school systems to aid in the furtherance of the

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educational purposes of the local public school systems and of the state as a whole. It is the further purpose of this part to provide such funds in an appropriate manner so as to afford local school systems the opportunity and needed encouragement to provide relief to local school taxpayers from the unfair burden of school taxes. It is the consensus of the General Assembly that, by affording such relief, local school property taxpayers will be given the incentive to support wholeheartedly a renewed commitment to the growth and quality of the public schools and their worthy educational programs in this state. 20-2-331. For the purposes of this part, the term `average daily attendance' means the number of pupils in average daily attendance in grades from kindergarten through 12, including special education students, for the first four months of the school year immediately preceding that calendar year in which the grant is made available. For the initial year in which a grant shall be made pursuant to this part, `average daily attendance' means the number of pupils in average daily attendance in grades 1 through 12, including special education students, for the first four months of the school year in the immediately preceding calendar year. 20-2-332. There may be allotted annually to each local public school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part. 20-2-333. In any year in which the General Assembly shall provide funds for grants to the school systems of this state through a required local effort credit appropriation for education by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the ratio which the average daily attendance of the particular system bears to the average daily attendance of the entire public school system of the state, except that, in those instances where pupils residing in one district attend schools located within the limits of another district, the portion of the grant representing such pupils which otherwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside., in their entirety and substituting in lieu of said repealed Code sections the following:

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20-2-330. Reserved. 20-2-331. Reserved. 20-2-332. Reserved. 20-2-333. Reserved. Section 2 . Said part is further amended by striking Code Section 20-2-334, relating to the requirement that the effect of grants shall be shown on tax bills, in its entirety and substituting in lieu thereof a new Code Section 20-2-334 to read as follows: 20-2-334. (a) A computation shall be shown on each tax bill for school ad valorem taxes which represents the local school system's share of funds in the `General Appropriations Act' for ad valorem tax relief. The provisions of this Code section shall not apply to tax bills for motor vehicles and trailers. (b) The computation provided for in subsection (a) of this Code section shall show the following: (1) The mill rate which the local school system would have been required to levy to fund a budget equal in amount to the actual budget of the system, including the system's share of funds identified for this purpose in the `General Appropriations Act,' if no funds were actually received by the system pursuant to such appropriation for that year. This mill rate shall be labeled `Annual Equivalent Mill Rate'; (2) As a subtraction from the mill rate determined pursuant to paragraph (1) of this subsection, a mill rate which, if applied against the tangible property in the local school system, would produce tax revenue equal to the amount of the funds received in that year by the school system pursuant to the appropriation for that year. This mill rate shall be labeled `State School Tax Credit'; and (3) As the remainder of the subtraction provided for in paragraph (2) of this subsection, the mill rate which is actually being levied against the taxpayer's property. This mill rate shall be labeled `Actual School Tax Mill Rate.' (c) It is the purpose of this Code section to provide in a demonstrable fashion to each ad valorem taxpayer of that tangible

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property provided for in subsection (a) of this Code section information which will enable the taxpayer to ascertain readily the amount of additional state funds which are being made available to that local school system in which the taxpayer's property is being taxed. Additionally, each such taxpayer by this Code section will be in the position to be informed as to what purposes the officials in charge of the local school system and its finances have devoted the use of such funds. If a local school system has received funds which have been made available by the General Assembly pursuant to the `General Appropriations Act' but has not reduced local property taxes levied in behalf of the school system, each taxpayer will be so informed. However, if the receipt of additional state funds has enabled the local school system to reduce local property taxes by a corresponding sum to that received pursuant to the `General Appropriations Act,' or any fraction thereof, the taxpayer will be so advised. Section 3 . Code Section 20-2-697 of the Official Code of Georgia Annotated, relating to school attendance reports and records kept by public schools, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child or pursuant to the subpoena of a court of competent jurisdiction.

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Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. MUNICIPAL CORPORATIONSSERVICE OF PROCESS; WATER SERVICE. Code Section 36-34-2 Amended. No. 524 (Senate Bill No. 244). AN ACT To amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government generally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government generally, is amended by striking subparagraph (A) of paragraph (3) and inserting in its place a new subparagraph (A) to read as follows:

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(A) The paper to be served arises out of or relates to an activity or condition, other than a single isolated act or omission, conducted or maintained by such person within the territorial jurisdiction of the municipal corporation in violation of an applicable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, and other technical or environmental codes; municipal business, occupation, and professional license tax ordinances; municipal privilege license or permit ordinances; or ordinances providing for the protection of facilities for the treatment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. HEALTHDEAD BODIES; CREMATED REMAINS BURIED AT SEA. Code Section 31-21-4 Enacted. No. 525 (Senate Bill No. 252). AN ACT To amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the burial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried; to provide for the disposition of cremated remains if such remains are not claimed within a certain period of time after the dead body is cremated; to provide for notification and other procedures; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, is amended by adding at the end thereof a new Code Section 31-21-4 to read as follows: 31-21-4. (a) (1) Cremated remains may be taken by boat from any harbor in this state, or by air, for burial at sea at a point not less than three miles from the nearest shoreline. Cremated remains shall be removed from their container before such remains are buried at sea. (2) Any person who buries at sea, either from a boat or from the air, any human cremated remains shall carry out the burial services within 50 days from the reduction of the body to cremated remains and file with the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains were buried, and any other information that the local registrar may require. Burial services may be delayed until weather conditions improve if inclement weather prevents safe burial. (b) Any person who requests that a dead body be cremated shall provide the funeral establishment or other person responsible for the cremation an address at which such person can be notified when the cremated remains are ready for interment. Notification shall be made by first class mail to such person at the address provided. If the cremated remains are not claimed for interment or other disposition within 60 days from the date that the notification is mailed, such remains shall be turned over to the coroner to be interred in a plot or niche in a cemetery where indigents are buried. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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FIRE PROTECTION AND SAFETYBUILDINGS PRESENTING SPECIAL HAZARDS; SHOPPING CENTERS; ELECTRICAL REQUIREMENTS; SAFETY FIRE COMMISSIONER; INSPECTION WARRANTS. Code Sections 25-2-13 and 25-2-14.1 Amended. Code Section 25-2-22.1 Enacted. No. 526 (Senate Bill No. 261). AN ACT To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls; to change certain provisions relating to rules and regulations; to change the provisions relating to compliance of existing and proposed buildings and structures which present special hazards to persons or property with minimum fire safety standards; to provide for safety standards of certain electrical requirements; to authorize the Safety Fire Commissioner or his delegate or other authorized persons to obtain inspection warrants in order to search and inspect certain property; to provide for the issuance of inspection warrants and the grounds therefor; to provide for the contents of inspection warrants; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, is amended by striking in its entirety subparagraph (b)(1)(H) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance, and inserting in lieu thereof a new subparagraph (b)(1)(H) to read as follows:

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(H) Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this subparagraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing in this Code section shall apply to single-story malls or shopping centers subdivided into areas of less than 25,000 square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside;. Section 2 . Said chapter is further amended by striking in its entirety subsection (e) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance, and inserting in lieu thereof a new subsection (e) to read as follows: (e) All rules and regulations promulgated before April 1, 1968, by the Commissioner or the state fire marshal and the minimum fire safety standards adopted therein shall remain in full force and effect where applicable until such time as they are amended by the appropriate authority. Section 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 25-2-14.1, relating to compliance of existing and proposed buildings and structures which present special hazards to persons or property with minimum fire safety standards, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every building and structure existing as of April 1, 1968, which building or structure is listed in paragraph (1) of subsection (b) of Code Section 25-2-13 shall comply with the minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter which were in effect at the time such building or structure was constructed, except that any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to this chapter. A less restrictive provision contained in any subsequently adopted minimum fire

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safety standard may be applied to any existing building or structure. Section 4 . Said chapter is further amended by adding between Code Sections 25-2-22 and 25-2-23 a new Code Section 25-2-22.1 to read as follows: 25-2-22.1. (a) The Commissioner, his delegate, or any other person authorized under this title to conduct inspections of property, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the Commissioner or his delegate or such authorized person to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under this title or the rules and regulations duly promulgated hereunder. (b) Inspection warrants may be issued by any judge of the superior, state, municipal, or magistrate court upon proper oath or affirmation showing probable cause for the purpose of conducting inspections authorized by this title or rules promulgated under this title and for the seizure of property or the taking of samples appropriate to the inspection. For the purposes of issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this title or rules promulgated under this title sufficient to justify inspection of the area, premise, building, or conveyance in the circumstances specified in the application for the warrant. (c) A warrant shall be issued only upon affidavit of the Commissioner or his designee or any person authorized to conduct inspections pursuant to this title, sworn to before the judicial officer and establishing the grounds for issuing the warrant. The issuing judge may issue the warrant when he is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object,

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activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this Code section. (d) The warrant shall: (1) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; (2) Be directed to persons authorized by this title to conduct inspections to execute it; (3) Command the persons to whom it is directed to inspect the area, premise, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified; (4) Identify the item or types of property to be seized, if any; and (5) Designate the judicial officer to whom it shall be returned. (e) A warrant issued pursuant to this Code section must be executed and returned within ten days of its date of issuance unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant. (f) The judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. PAWNBROKERSINTEREST AND CHARGES; INSPECTIONS BY LAW ENFORCEMENT OFFICERS; REPLACEMENT GOODS; LIENS; REDEMPTION. Code Sections 44-12-130, 44-12-131, 44-12-137, 44-14-403, and 44-14-408 Amended. No. 527 (Senate Bill No. 264). AN ACT To amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to revise existing definitions and to provide for additional definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide for exceptions; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction; to provide for dates of payment; to provide for prohibited acts by pawnbrokers; to provide for inspection by certain law enforcement officers; to provide for the duties of pawnbrokers regarding replacement goods; to amend Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to provide for liens of pawnbrokers; to provide for the redemption or automatic forfeiture of pledged goods; to provide for the satisfaction of liens of pawnbrokers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking Code Section 44-12-130, relating to definitions, and inserting in its place a new Code Section 44-12-130 to read as follows: 44-12-130. As used in this part, the term: (1) `Month' means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month. (2) `Pawnbroker' means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufactures or licensed dealers as a part of or in conjunction with the business activities described in this paragraph. (3) `Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on condition that the pledged goods may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and any purchase of a motor vehicle on the condition that such motor vehicle may be redeemed or repurchased by the seller for a fixed price within a fixed period of time and may be leased back to the seller during such period of time. (4) `Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized. (5) `Pledged goods' means tangible personal property other than choses in action, securities, or printed evidences of indebtedness, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction.

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Section 2 . Said part is further amended by striking Code Section 44-12-131, relating to the legal rate of interest and the consequences of excessive charges, and inserting in its place a new Code Section 44-12-131 to read as follows: 44-12-131. (a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every nature whatsoever. The pawnshop charge allowed under this subsection shall not exceed one-fourth of the principal amount, per month, advanced in the pawn transaction. The pawnshop charge shall not be deemed interest for any purpose. Motor vehicles shall be exempt from the limit of one-fourth of the principal amount provision of this subsection and pawnshops may charge a storage fee for motor vehicles not to exceed $30.00 per day. (b) Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amounts permitted under subsection (a) of this Code section shall be uncollectable and the pawn transaction shall be void. All interest and the pawnshop charge allowed under subsection (a) of this Code section shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month. Section 3 . Said part is further amended by striking Code Section 44-12-137, relating to prohibited acts by pawnbrokers and penalties, and inserting in its place a new Code Section 44-12-137 to read as follows: 44-12-137. (a) Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall: (1) Fail to make an entry of any material matter in his permanent record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove from his place of business such permanent record book;

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(4) Refuse to allow any duly authorized law enforcement officer who is certified by the Georgia Peace Officer Standards and Training Council or who is a federal officer to inspect his permanent record book or any goods in his possession during the ordinary hours of business or at any reasonable time; (5) Fail to maintain a record of each pawn transaction for at least four years; (6) Accept a pledge or purchase property from a person under the age of 18 years or who the pawnbroker knows is not the true owner of such property; (7) Make any agreement requiring the personal liability of a pledgor or seller or waiving any of the provisions of this part or providing for a maturity date less than one month after the date of the pawn transaction; or (8) Fail to return or replace pledged goods to a pledgor or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or a law enforcement officer or agency, shall be guilty of a misdemeanor. (b) Any person properly identifying himself and presenting a pawn ticket to the pawnbroker shall be presumed to be the pledgor or seller and shall be entitled to redeem the pledged goods described in such ticket. In the event such pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to prosecution. For the purposes of this subsection `lost' includes destroyed or having disappeared because of any cause, whether known or unknown, that results in the pledged goods being unavailable for return to the pledgor. Section 4 . Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking Code Section 44-14-403, relating to liens of pawnbrokers and actions for interference, and inserting in its place a new Code Section 44-14-403 to read as follows:

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44-14-403. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due to him. He may retain possession of the pledged goods until his lien is satisfied and may have a right of action against anyone interfering therewith. (b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for ten days following such date and may be redeemed by the pledgor or seller within such period by the payment of the originally agreed redemption price, the payment of an additional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge, provided said goods have not been sold. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker. Section 5 . Said part is further amended by striking Code Section 44-14-408, relating to the satisfaction of liens of pawnbrokers and livery stable keepers, and inserting in lieu thereof a new Code Section 44-14-408 to read as follows: 44-14-408. Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Sections 44-14-403 and 44-14-550, respectively. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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JUVENILE COURTSDISTRICT ATTORNEY OR STAFF CONDUCTING PROCEEDINGS ON BEHALF OF STATE. Code Section 15-11-28 Amended. No. 528 (Senate Bill No. 287). AN ACT To amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, so as to change provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to provide for access to records in such proceedings; to repeal certain provisions relating to requests; to repeal certain restrictions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, is amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows: (e) In any delinquency proceeding in which a petition has been filed, the district attorney or a member of his staff shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of his staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juvenile court to assist the district attorney or staff member in obtaining any such files,

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transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. GEORGIA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTSTERMINATION DATE; LICENSES; EXAMINATIONS; SUPERVISORS. Code Sections 43-10A-7, 43-10A-8, 43-10A-13, and 43-10A-24 Amended. No. 529 (Senate Bill No. 294). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, so as to provide for persons who may serve as supervisors; to change certain examination requirements; to change the provisions regarding licensure in marriage and family therapy; to change certain provisions regarding the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, is amended by adding at the end of Code Section 43-10A-7, relating to requirements for licensing under that law, a new subsection (d) to read as follows: (d) Notwithstanding any other provision of law to the contrary, a person who is exempt from licensure pursuant to paragraph (7) of subsection (b) of this Code section may be authorized by the board to serve as a supervisor as defined in paragraph (17) of Code Section 43-10A-3 without being licensed if such person meets all the requirements to be licensed and to serve as a supervisor in the specialty for which such person would serve as a supervisor and has filed the necessary documentation with and been approved by the standards committee of that specialty as required by the rules of the board. Section 2 . Said chapter is further amended by striking paragraph (2) of Code Section 43-10A-8, relating to eligibility for licensure, and inserting in its place a new paragraph to read as follows: (2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that person meeting the requirements of paragraph (3) of Code Section 43-10A-13 shall not be required to pass such examination;. Section 3 . Said chapter is further amended by adding at the end of Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, a new paragraph to read as follows: (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 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; and who have applied for licensure prior to July 1, 1989. Section 4 . Said chapter is further amended by striking Code Section 43-10A-24, relating to termination of the Georgia

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Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and inserting in its place a new Code section to read as follows: 43-10A-24. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 5 . 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 10, 1989. PUBLIC RECORDSGENERAL ASSEMBLY; STAFF SERVICES. Code Section 50-18-72 Amended. No. 530 (Senate Bill No. 297). AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, is amended by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word ; or and by adding thereafter a new paragraph (7) of subsection (a) to describe a class of records for which public disclosure is not required and to read as follows: (7) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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GEORGIA POST-MORTEM EXAMINATION ACTEMBALMING BODIES TO AVOID THREAT OF INFECTIOUS DISEASE; TAKING AND EXAMINING SPECIMENS AND ARTICLES; BLOOD TESTS. Code Sections 45-16-25 and 45-16-46 Amended. No. 531 (Senate Bill No. 318). AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize a medical examiner to have a body embalmed to avoid the threat of infectious disease prior to release of the body to the next of kin; to authorize a coroner, medical examiner, or peace officer to take anatomical specimens and to test or examine specimens or articles as may be necessary or useful in determining the cause of death; to authorize blood tests of certain persons admitted to a hospital or morgue to determine the presence of any infectious agents; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, is amended by striking in its entirety Code Section 45-16-25, relating to duties of coroners, medical examiners, and peace officers upon receipt of notice of suspicious or unusual death, and inserting in lieu thereof a new Code Section 45-16-25 to read as follows: 45-16-25. (a) Upon receipt of the notice required by Code Section 45-16-24, the coroner shall immediately take charge of the dead body and it shall be his duty to summon a medical examiner and proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. They shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the

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medical examiner is present at the scene of death, the coroner shall assume the responsibility of such officers at the scene of death. The medical examiner shall perform a post-mortem examination or autopsy, reducing his findings to writing and filing them with the director of the division upon report forms to be furnished by said director. The medical examiner, at any time when he deems it necessary, may have the body embalmed for preservation or to avoid the threat of infectious disease prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner provided in Code Section 45-16-44 for payment of burial expenses. (b) When positive identification of dead bodies has not been established conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical characteristics, such as prosthetic appliances, or by comparison of skeletal X-rays, including previous fractures, or by amputations, the medical examiner must either chart or X-ray the decedent's dentition or call upon a licensed dentist of his choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by removal of the jaws with teeth to the dentist's office. The dentist shall chart the deceased dentition and make two copies, one of which shall be filed with the autopsy report to the division and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his discretion, make such X-rays of the mouth as he deems necessary. The dentist is entitled to a fee of $50.00 for charting the dentition at the morgue or scene, $25.00 for charting the dentition at his office, and $25.00 for X-rays. These fees shall be paid by the county of coroner's or medical examiner's jurisdiction. (c) The coroner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report, and surrender the same to the person entitled to its custody or possession. The coroner, medical examiner, or peace officer shall take possession of any objects, anatomical specimens, or articles which, in his opinion, may be helpful in establishing the cause of death; and in cooperation with the division he may make such tests and examinations of said objects, specimens,

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or articles as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of the director of the division until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction. Section 2 . Said article is further amended by striking in its entirety Code Section 45-16-46, relating to obtaining of blood sample by the medical examiners, etc., where person is unable to consent, and inserting in lieu thereof a new Code Section 45-16-46 to read as follows: 45-16-46. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for analytical purposes, the peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at his direction. The medical examiner or his designee shall be entitled to a fee of $20.00 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, registered nurse, or a medical or laboratory technician who draws blood from patients as part of his regular duties to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability as a result of the medically proper obtaining of such blood when requested in writing by the peace officer. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a certified report shall be submitted by the division to the submitting officer. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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SUPERIOR COURTSSENIOR JUDGES SERVING AS JUDGES OF THE SUPERIOR COURTS; PROCEDURES; COMPENSATION. Code Section 15-1-9.2 Enacted. Code Sections 47-8-64 and 47-9-60 Amended. No. 532 (Senate Bill No. 324). AN ACT To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change provisions relative to senior judges serving as judges of the superior courts; to change provisions relating to the compensation of senior judges so serving; 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 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, is amended by adding after Code Section 15-1-9.1 a new Code Section 15-1-9.2 to read as follows: 15-1-9.2. (a) As used in this Code section, the term `senior judge' means a judge of superior court who has the status of a senior judge under Chapter 8 or 9 of Title 47. (b) The chief judge of any superior court of this state may make a written request for assistance to a senior judge. The request by the chief judge may be made if one of the following circumstances arise: (1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or

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(3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as provided for in Code Section 15-1-9.1. (c) An active judge may call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speedy and efficient disposition of the business of the circuit. (d) Senior judges serving as judges of the superior court under this Code section or any other provision of law shall be compensated in the amount of $165.00 per day for such service. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge. Section 2 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Section 47-8-64, which reads as follows: 47-8-64. (a) A judge of a superior court may request in writing any senior judge to serve and preside in the superior court of any county in the judicial circuit of the superior court judge making such request. The judge of the superior court who has requested the services of a senior judge shall specify therein the time, place, and duration of such services and shall file a copy of such request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any senior judge may serve in the superior courts when thus requested and in accordance with such request, provided that such senior judge deems that his services may be of assistance in the operation of such court.

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(b) Any senior judge is authorized to serve and preside in the superior court of any judicial circuit in this state when so requested in writing by a superior court judge of such circuit under subsection (a) of this Code section; and while a senior judge is thus serving and presiding in a superior court, such senior judge shall discharge all of the duties and exercise all of the powers and authority of a judge of the superior court of such circuit. (c) It shall be the duty of all senior judges to hear and determine any and all motions for a new trial and to certify any and all bills of exceptions in any and all cases tried by such senior judge and in any and all cases tried by such judge while serving as judge of the superior court before he was appointed senior judge. In the performance of his duties under this subsection, the senior judge is granted the same authority and powers exercised by the judges of the superior courts in reference to a motion for a new trial. If a senior judge is unable to perform the duties under this subsection, because of death or otherwise, then such duties shall be performed by the presiding judge of the superior court of the county in which such cases were tried. (d) Senior judges, while serving as judges of the superior courts under this chapter, shall receive compensation in the amount of $100.00 per day. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such senior judge., and inserting in its place a new Code section to read as follows: 47-8-64. Senior judges may serve as judges of the superior courts as provided for in Chapter 1 of Title 15 or as otherwise provided by law. A senior judge serving as judge of the superior

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court shall be compensated as provided for in Code Section 15-1-9.2 or as otherwise provided by laws enacted after July 1, 1989; and such compensation for such service shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. Section 3 . Said Title 47 is further amended by striking subsection (c) of Code Section 47-9-60, relating to the office of senior judge, which subsection (c) reads as follows: (c) Senior judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as an additional or substitute judge. Such senior judges shall be compensated, in addition to the retirement pay provided for in this chapter, when applicable, in the amount of $100.00 per day for such services. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge., and inserting in its place a new subsection (c) of Code Section 47-9-60 to read as follows: (c) Senior judges may serve as judges of the superior courts as provided for in Chapter 1 of Title 15 or as otherwise provided by law. A senior judge serving as judge of the superior court shall be compensated as provided for in Code Section 15-1-9.2 or as otherwise provided by laws enacted after July 1, 1989; and such compensation for such service shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. EDUCATIONSCHOOL DISCIPLINARY TRIBUNALS; PROCEEDINGS, HEARINGS, AND RECORDS TO BE CLOSED TO PUBLIC. Code Section 20-2-757 Amended. No. 533 (Senate Bill No. 368). AN ACT To amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, is amended by striking said Code section, which reads as follows: 20-2-757. (a) No proceeding under this subpart shall be subject to Code Section 36-80-1, and the verbatim electronic or written record and the written decisions prepared under this subpart shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50.

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(b) No other disciplinary proceeding or appeal or review thereof conducted by a school administration or board of education shall be subject to Code Section 36-80-1, and the verbatim electronic or written record and the written decisions prepared by a school administration or board of education in such proceeding shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50. (c) The board of education shall prepare a written summary of any proceeding under this subpart, which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record., in its entirety and substituting in lieu thereof a new Code Section 20-2-757 to read as follows: 20-2-757. (a) All proceedings and hearings conducted under this subpart shall be confidential and shall not be subject to the open meetings requirement of Code Section 50-14-1 or other open meetings laws. (b) All electronic or other written records of all hearings conducted under this subpart; all statements of charges; all notices of hearings; and all written decisions rendered by a hearing officer, tribunal, the local board of education, or the State Board of Education shall not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title 50 or other public disclosure laws; provided, however, the board of education shall prepare a written summary of any proceeding conducted under this subpart, which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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JUVENILESDETENTION OF JUVENILES; BASIC PRINCIPLES. Code Section 15-11-18.1 Enacted. No. 534 (Senate Bill No. 371). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a statement of basic principles relative to the detention of juveniles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding, following Code Section 15-11-18, a new Code Section 15-11-18.1 to read as follows: 15-11-18.1. (a) As a matter of public policy, restraints on the freedom of accused juveniles prior to adjudication should only be imposed when there is clear and convincing evidence to support this course of action. In the absence of such evidence, the preferred course in each case should be unconditional release. (b) The imposition of interim control or detention on an accused juvenile may be considered for the purposes of: (1) Protecting the jurisdiction and process of the court; (2) Reducing the likelihood that the juvenile may inflict serious bodily harm on others during the interim period; or (3) Protecting the accused juvenile from imminent bodily harm upon his or her request.

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(c) Interim control or detention should not be imposed on an accused juvenile: (1) To punish, treat, or rehabilitate the juvenile; (2) To allow parents to avoid their legal responsibilities; (3) To satisfy demands by a victim, the police, or the community; (4) To permit more convenient administrative access to the juvenile; or (5) To facilitate further interrogation or investigation. (d) Whenever an accused juvenile cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile should be favored over more intrusive alternatives. (e) Whenever the interim curtailment of an accused juvenile's freedom is permitted under this Code section, the exercise of authority should reflect the following values: (1) Respect for the privacy, dignity, and individuality of the accused juvenile and his or her family; (2) Protection of the psychological and physical health of the juvenile; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the juvenile; (6) Avoidance of stigmatization of the juvenile; and

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(7) Assurance that the juvenile has been informed of his right to consult with an attorney and that if he cannot afford an attorney, one will be provided. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. STATE BOXING COMMISSIONTERMINATION DATE. Code Section 31-31-7 Amended. No. 535 (House Bill No. 7). AN ACT To amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 31-31-7 to read as follows: 31-31-7. This chapter shall stand repealed in its entirety on June 30, 1995, and on that date the State Boxing Commission shall stand abolished.

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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 10, 1989. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACTLOSS OF INCOME BENEFITS; SOLE SHAREHOLDERS IN PROFESSIONAL CORPORATIONS. Code Sections 33-34-4 and 33-34-5 Amended. No. 536 (House Bill No. 57). 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 calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by striking subparagraph (a)(2)(B) of Code Section 33-34-4, relating to minimum required insurance coverage, and inserting in its place a new subparagraph (a)(2)(B) to read as follows:

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(B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability with a maximum benefit of $200.00 per week;. Section 2 . Said chapter is further amended by striking subparagraph (a)(1)(B) of Code Section 33-34-5, relating to optional insurance coverage, and inserting in its place a new subparagraph (a)(1)(B) to read as follows: (B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability;. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSWRITE-IN BALLOTS; COUNTING AT TABULATING CENTERS; POLL OFFICERS. Code Sections 21-2-471, 21-2-473, 21-3-382, and 21-3-383 Amended. No. 537 (House Bill No. 59). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in

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ballots shall be counted at tabulating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-471, relating to the counting of ballots, and inserting in its place a new Code Section 21-2-471 to read as follows: 21-2-471. (a) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count. (b) All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his authorized deputy shall touch any ballot cards or ballot card container. (c) At the tabulating machine center, the seal on each container of ballot cards shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not commingled with the ballot cards of other polling places. (d) Each write-in vote shall be examined to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot card exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted.

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In the discretion of the superintendent, either a duplicate ballot card shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote. (e) If it appears that a ballot card is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his discretion, may either order that the ballot card be counted in the same manner as paper ballots are counted or order the proper election official at the tabulating center to prepare a true duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be red in color, shall be clearly labeled by the word `duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective card. The defective ballot card shall be attached to the duplicate and shall remain therewith at all times except for that period of time during which it is being processed by the tabulating machine. (f) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this chapter for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this chapter. The ballot cards, write-in ballots, spoiled, defective, and invalid ballot cards, and returns shall be filed and retained in the same manner as provided by this chapter for paper ballots. (g) The final canvass of the votes cast on vote recorders and counted by tabulating machines in a primary or election may be made by adding the results as determined by the superintendent to the results of the canvass of votes cast by absentee electors and write-in votes and making the statement of the vote in the manner provided for the particular primary or election. If paper ballots or voting machines are used in part of the county for all or a part of the primary or election, such votes shall be canvassed in the manner provided by this chapter and shall be

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added to the votes cast on ballot cards as provided by this chapter. Section 2 . Said title is further amended by striking Code Section 21-2-473, relating to duties of poll officers after the close of the polls, and inserting in its place a new Code Section 21-2-473 to read as follows: 21-2-473. As soon as the polls are closed and the last elector has voted in precincts in which vote recorders are used, the poll officers shall: (1) Place the vote recorders under lock or seal; (2) Open each ballot box and count the number of ballots cast; (3) Examine the ballot cards and separate those ballots containing write-in votes; (4) Place the remaining ballot cards in the ballot container to be taken to the tabulating machine center or centers, as designated by the superintendent; (5) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corresponding ballot cards; (6) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked `Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballot cards; (7) Place any ballot card that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked `Defective Ballots' and place the envelope in the container with other ballot cards; and

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(8) In the event that paper ballots are used in conjunction with ballot cards, conduct the counting of the paper ballots as provided by this chapter. Section 3 . Said title is further amended by striking Code Section 21-3-382, relating to the duties of municipal poll officers after the close of the polls, and inserting in its place a new Code Section 21-3-382 to read as follows: 21-3-382. As soon as the polls are closed and the last elector has voted in precincts in which vote recorders are used, the poll officers shall: (1) Place the vote recorders under lock or seal; (2) County and record on return sheets, in ink, in triplicate, the number of persons voting as shown on the numbered list of voters; the number of ballots unused; the number of ballots issued to electors as shown by the stubs; and the number of ballots spoiled and returned by electors and canceled; and if any differences exist they shall be reconciled, if possible; otherwise they shall be noted on the returns; (3) As soon as all votes are accounted for, seal the unused and void, spoiled, or canceled ballots in separate envelopes with the number noted on the outside; (4) Open each ballot box and count the number of ballots cast; (5) Examine the ballot cards and separate those ballots containing write-in votes; (6) Place the remaining ballot cards in the ballot container to be taken to the tabulating machine center or centers as designated by the superintendent; (7) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector so that write-in ballots may be identified with the corresponding ballot cards;

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(8) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked `Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballot cards; (9) Place any ballot card that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked `Defective Ballots' and place the envelope in the container with other ballot cards; and (10) In the event that paper ballots are used in conjunction with ballot cards, conduct the counting of the paper ballots as provided by this chapter. Section 4 . Said title is further amended by striking Code Section 21-3-383, relating to the counting of ballot cards, and inserting in its place a new Code Section 21-3-383 to read as follows: 21-3-383. (a) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be deputized by the superintendent; and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count. All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his authorized deputy shall touch any ballot cards or ballot card container. (b) At the tabulating machine center the seal on each container of ballot cards shall be inspected and certified as not having been broken before the container is opened. The ballot cards and other contents of the container shall then be removed and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not commingled with the ballot cards of other polling places.

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(c) Each write-in vote shall be examined to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot card exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted. In the discretion of the superintendent, either a duplicate ballot card shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote. (d) If it appears that a ballot card is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his discretion, may either order that the ballot card be counted in the same manner as paper ballots are counted or order the proper election official at the tabulating center to prepare a true duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be red in color, shall be clearly labeled by the word `Duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective card. The defective ballot card shall be attached to the duplicate and shall remain therewith at all times except for that period of time during which it is being processed by the tabulating machine. (e) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this chapter for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this chapter. The ballot cards, write-in ballots, spoiled, defective, and invalid ballot cards, and returns shall be filed and retained in the same manner as provided by this chapter for paper ballots.

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Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSFEDERAL LAWS; CITATIONS; UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT. Code Sections 21-2-217 and 21-2-381 Amended. No. 538 (House Bill No. 66). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking paragraph (2) of subsection (b) of Code Section 21-2-217, relating to the form of registration cards, and inserting in its place a new paragraph (2) to read as follows: (2) (A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas and will be absent from his county of residence until after the time for registering for an ensuing primary or election may make proper application for absentee registration on

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the official post card provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq., as amended. (B) Applicants for absentee registration who permanently reside overseas shall only be authorized to register to vote for presidential electors and United States senator or representative in Congress. The registration cards for use by applicants for absentee registration who permanently reside overseas shall be in the same form as the form of the registration card in subsection (a) of this Code section, except that the affidavit and questions propounded to the applicant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used: I, the undersigned, do swear (or affirm): (1) That I am a citizen of the United States; (2) That I presently reside atwhich is outside any of the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; (3) That my last domicile (permanent residence) immediately prior to moving outside the United States was, inCounty in the State of Georgia and I resided at that address from, 19, to, 19; (4) That since leaving the State of Georgia I do not presently maintain, and I have not maintained, another domicile and I am not presently and have not since leaving the State of Georgia been registered to vote in another state or election district of another state or territory or in any territory or possession of the United States; (5) That I have a valid passport or record of identity and registration issued under the authority

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of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq., as amended, and applicable state or district requirements in the absence of a valid passport or card of identity and registration; (6) That I am at least 18 years of age or will be on theday of, 19; (7) That I have never been convicted in any court of competent jurisdiction of any felony involving moral turpitude, punishable by the laws of the State of Georgia with imprisonment in the penitentiary, or, if so convicted, that I was pardoned onor my sentence was completed on; and (8) That the information contained on the enclosed registration card is true. I declare that the above is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the above statement I shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months. Date, 19.

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Section 2 . Said chapter is further amended by striking subparagraphs (d)(2)(A) and (d)(2)(C) of Code Section 21-2-381, relating to the making of application for absentee ballots, and inserting in their place new subparagraphs (d)(2)(A) and (d)(2)(C), respectively, to read as follows: (A) He has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. 1973ff concerning absentee registration for and voting by absentee ballots; (C) He has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. GEORGIA MEDICAL ASSISTANCE ACT OF 1977MEDICAID PRESCRIPTION DRUG BIDDING AND REBATE PROGRAM; ESTABLISHMENT; SUPPLIERS; PRICES. Code Section 49-4-152.1 Enacted. No. 539 (House Bill No. 70). AN ACT To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, so as to provide for legislative intent; to authorize the Department

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of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto; to provide for situations in which no acceptable bids are received; to provide that the department may refuse to reimburse certain drug manufacturers; to provide for statutory construction; to provide for establishing one supplier or one price for certain drugs; to provide for other rebates; to provide for verification, audits, and adjustments; to provide for the applicability of certain other laws; to provide for penalties and sanctions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, is amended by adding after Code Section 49-4-152 a new Code section to read as follows: 49-4-152.1. (a) The General Assembly finds that the department frequently must pay more for prescription drugs furnished to recipients of medical assistance under this article than certain health care providers pay for the same products. In order to control more effectively the costs of such drugs, the department may establish a Medicaid Prescription Drug Bidding and Rebate Program as provided in this Code section. (b) The department may request sealed bids from prescription drug manufacturers for both brand name and generic equivalent prescription drugs specified by the department. The bids shall be proposed agreements by these manufacturers to adjust prices of drugs specified by the department to a price designated as the bid price when those drugs are supplied to recipients of medical assistance under this article. If the department has accepted a bid for a drug under this Code section, the department may not reimburse a provider of such drug for any equivalent drug not so successfully bid during the term of the contract awarded with regard to the drug so bid. The department may elect not to reimburse for any multisource drugs of a drug manufacturer which does not participate in the bid process or which bids prices considered excessive by the department.

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(c) All prescription drugs for which bids are submitted must meet applicable standards of the U. S. Pharmacopoeia, the State Board of Pharmacy, and be guaranteed as meeting all requirements, regulations, and comparison data under the Federal Food, Drug, and Cosmetic Act and the regulations thereunder. The manufacturer of a drug which is bid must have an FDA approved New Drug Application or an abbreviated New Drug Application and must have a product liability insurance policy extending to pharmacy providers under this article, but the policy may condition coverage thereunder upon the provider's complying with all applicable federal and state laws and regulations promulgated thereunder. (d) Nothing in this Code section shall be construed to change the practice of pharmacies having provider agreements under this article with respect to their purchases and sales of and reimbursements for drugs furnished to recipents of medical assistance under this article. Adjustment rebates shall be made by the successfully bidding drug manufacturer to the department and be paid quarterly to the department. (e) In the event no acceptable bids are received for a drug for which a request for bid was made, the department may select a single drug supplier for the drug or establish one price for such drug which the department will reimburse therefor, but this shall not restrict the department from establishing one price for any drug upon which the department does not request bids. (f) Except when in conflict with this Code section, Article 3 of Chapter 5 of Title 50, relating to state purchases by the Department of Administrative Services, shall apply to bidding and purchasing of prescription drugs by the department pursuant to this Code section. The prohibitions against financial interest in Code Section 50-5-78 shall be applicable to the commissioner and other employees of the department and any violation thereof punishable as provided in subsection (d) of that Code section. Contracts for the purchase of prescription drugs made in violation of this Code section shall be void and of no effect and liability therefor shall be the same as that provided in Code Section 50-5-79. (g) The department is authorized to accept rebates from any drug manufacturer for providing information to that manufacturer

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regarding utilization by Medicaid recipients of that manufacturer's drugs as long as the anonymity of the recipients is maintained. The department is further authorized to verify and audit claims for reimbursement for drugs successfully bid, provide the manufacturers thereof with the information so obtained, and to adjust the department's claim for rebates based upon that information. (h) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157. 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 10, 1989. PROBATIONREVOCATION; ALTERNATIVES TO CONFINEMENT; VIOLATIONS; MAXIMUM PERIOD OF SUPERVISION ON PROBATION OR PAROLE. Code Section 42-8-34.1 Amended. No. 540 (House Bill No. 94). AN ACT To amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursuant to probation revocation in alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration, or any other alternatives to confinement deemed appropriate

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by the court or as provided by the state or county; to provide for the revocation of the balance of probation or not more than two years thereof, whichever is less, for violations; to clarify that the maximum period of time that an offender may be supervised on probation or parole for any one offense or series of offenses arising out of the same transaction or series of transactions shall be limited to four years; 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 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for the revocation of probated or suspended sentences, is amended by striking subsections (b) and (e) in their entirety and substituting in lieu thereof, respectively, new subsections (b) and (e) to read as follows: (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, the court shall consider the use of alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration, or any other alternative to confinement deemed appropriate by the court or as provided by the state or county. In the event the court determines that the defendant does not meet the criteria for said alternatives, the court may revoke the balance of probation or not more than two years in confinement, whichever is less. (e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years for any one offense or series of offenses arising out of the same transaction, 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.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. MOTOR VEHICLES AND TRAFFICLICENSE PLATES; SURETY BONDS FOR PURCHASE; AUTHORIZATION REPEALED. Code Section 40-2-30 Amended. No. 541 (House Bill No. 101). AN ACT To amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-2-30, relating to issuance of license plates, is amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 40-2-30 to read as follows: 40-2-30. (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.

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(2) In those instances wherein a vehicle shall be purchased from a seller who is required to return the 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. (b) The amount of commission permitted as compensation to tag agents under this Code section shall be 50 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-31. (c) (1) Any other provisions of any law of this state, whether general, special, or local, to the contrary notwithstanding, and except as provided in subsection (b) of this Code section and paragraph (2) of this subsection, the fees prescribed in subsection (b) of this Code section shall be retained by the tag agent appointed by the commissioner under this chapter and shall be his own personal compensation for the services rendered to the Department of Revenue

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in the administration of this chapter, regardless of whether such agent may otherwise be an elected or appointed official of the county, and regardless of whether as such county officer he is compensated for the performance of the duties of such office on a fee basis or salary basis, or combination thereof. It shall be his duty, however, as agent for the commissioner in the administration of the purposes of this chapter, to compensate any additional personnel which may be necessary to enable said agent to effectuate the provisions of this chapter and the rules and regulations promulgated hereunder by the commissioner. (2) If such tag agent shall be a salaried employee of the county and at a salary in excess of $7,999.00 per annum, the amount of such fees so collected shall go into the general treasury of the county. In such cases, it shall be the duty of the governing authorities of the county to furnish to the tag agent such additional clerical help as is necessary to carry out the provisions of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. PROPERTYDEEDS TO SECURE DEBT; MAILING ADDRESSES OF GRANTEES AND TRANSFEREES; RECORDING; DEFENSES TO FORECLOSURE. Code Section 44-14-63 and 44-14-64 Amended. No. 542 (House Bill No. 124). AN ACT To amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions

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regarding conveyances to secure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded; to provide that failure to comply with the provisions relating to the mailing addresses shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to secure debt and bills of sale, is amended by striking Code Section 44-14-63, relating to recording deeds to secure debts and bills of sale, and inserting in its place a new Code section to read as follows: 44-14-63. (a) Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds or bills of sale not recorded shall remain valid against the persons executing them. The effect of the failure to record deeds and bills of sale shall be the same as the effect of the failure to record a deed of bargain and sale. (b) A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt. Section 2 . Said part is further amended by adding at the end of Code Section 44-14-64, relating to transfers of deeds to secure debt, a new subsection to read as follows: (g) A transfer of a deed to secure debt shall not be recorded unless it includes the mailing address of the last transferee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.

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(h) A grantor or his transferee shall be entitled to receive without charge a payoff balance from the holder of a deed to secure debt on real property by requesting in writing said balance and providing a self-addressed stamped envelope. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. DOMESTIC RELATIONSCHILD AND SPOUSAL SUPPORT; ENFORCEMENT; GUIDELINES; INCOME DEDUCTION ORDERS; WAGE ASSIGNMENTS; INSURANCE. Code Title 19, Chapters 6 and 11 Amended. No. 543 (House Bill No. 139). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforcement of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to provide for charges to juries; to provide for verdicts; to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations; to provide for income deduction orders; to provide definitions for income deduction orders; to provide for the issuance of income deduction orders; to provide for enforcement of income deduction orders; to provide for guidelines for the setting of child support awards; to amend the provisions relating to the use of child support award guidelines by the department; to amend the provisions relating to the authority to review child support orders periodically and modify such orders as conditions merit; to provide for the recovery of costs to employers for voluntary wage

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assignments; to provide for the removal of contract limitations on the department; to change the provisions relating to authority of district attorneys; to change the provisions relating to wage assignments; to change the provisions relating to voluntary wage assignments; to provide for the inclusion of medical support and accident and sickness insurance coverage in administrative orders; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-6-15, relating to child support in a final verdict or decree, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows: 19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section. (b) The child support award shall be computed as provided in this subsection: (1) Computation of child support shall be based upon gross income; (2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment

Page 863

income, and all other income, except need-based public assistance; (3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income; (4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and (5) The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are: Number of Children Percentage Range of Gross Income 1 17 percent to 23 percent 2 23 percent to 28 percent 3 25 percent to 32 percent 4 29 percent to 35 percent 5 or more 31 percent to 37 percent These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial. (c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:

Page 864

(1) Ages of the children; (2) A child's medical costs or extraordinary needs; (3) Educational costs; (4) Day care costs; (5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a company car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000.00 per annum); (12) Historical spending in the family for children which varies significantly from the percentage table; (13) Considerations of the economic cost of living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; and (15) The income of the custodial parent.

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(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines. Section 2 . Said title is further amended by adding at the end of Code Section 19-6-30, relating to provisions for collection by continuing garnishment for support, a new subsection (c) to read as follows: (c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. All other orders are expressly excluded from the application of these provisions. Section 3 . Said title is further amended by adding at the end of Chapter 6 of said title, relating to alimony and child support generally, three new Code sections, to be designated as Code Sections 19-6-31, 19-6-32, and 19-6-33, to read as follows: 19-6-31. As used in Code Sections 19-6-32 and 19-6-33, the term: (1) `Accruing on a daily basis' means the amount of support computed by conversion of the periodic amount to an annual sum, divided by 365. (2) `Court' includes proceedings conducted by an appointed court referee and proceedings conducted pursuant to Chapter 13 of Title 50, the `Georgia Administrative

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Procedure Act,' as relates to the enforcement of the duty of support as defined in Chapter 11 of Title 19. (3) `Department' means the Department of Human Resources. (4) `Family member' means any minor child of the defendant or a spouse or former spouse of the defendant. (5) `Income' or `earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise and includes periodic payments pursuant to a pension or retirement program. (6) `IV-D' means Title IV-D of the federal Social Security Act. (7) `IV-D agency' means the Office of Child Support Recovery of the Department of Human Resources and its contractors. (8) `IV-D judgment' means any order or judgment of a court of this state, any order or judgment of a court of another state or any final administrative order issued by another state and transmitted to this state for the purpose of wage deduction pursuant to Code Section 19-6-33, any order of this state entered pursuant to a proceeding under Chapter 10 of Title 19, or any final administrative order for support issued by the department under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (9) `Periodic support' means support required by the terms of a court order or judgment or an administrative order to be paid regularly on a daily, weekly, monthly, or similar specified frequency. 19-6-32. (a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency, and upon the entry of a judgment establishing, enforcing, or modifying a child support obligation or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate

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order for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child support receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency. (2) For all child support orders or spousal support orders under subsection (d) of Code Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded. (b) The income deduction order shall: (1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation; (2) State the amount of arrearage owed, if any, and direct a payor to withhold an additional 20 percent of the periodic amount specified in the support order, until full payment is made of an arrearage; and (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended. (c) The income deduction order is effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement.

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(d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court. (e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his rights, remedies, and duties in regard to the income deduction order. The statement shall state: (1) All fees or interest which shall be imposed; (2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (3) That the income deduction applies to current and subsequent payors and periods of employment; (4) That a copy of the income deduction order will be served on the obligor's payor or payors; (5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payors and the addresses of his payors. (f) When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state:

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(1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (5) That a copy of the notice of delinquency will be served on the obligor's payor or payors, together with a copy of the income deduction order unless the obligor applies to the court to contest enforcement of the order. The application shall be filed within 15 days after the date the notice of delinquency was served; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee. The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed. (g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing officer to:

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(1) Modify, suspend, or terminate the order for income deduction because of a modification, suspension, or termination of the underlying order for support; or (2) Modify the amount of income deducted when the arrearage has been paid. 19-6-33. (a) The obligee or his agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the obligor's payor unless the obligor has applied for a hearing to contest the enforcement of the income deduction order pursuant to subsection (c) of this Code section. (b) Service by or upon any person who is a party to a proceeding under this Code section shall be made in the manner prescribed by Chapter 11 of Title 9, known as the `Georgia Civil Practice Act.' Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail. (c) (1) The obligor, within 15 days after having an income deduction order entered or within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payors of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor. (2) When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative hearing officer after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear the matter within 20 days after the application is filed. The court, referee, or administrative

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hearing officer shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. If the court determines that service of an income deduction order is proper, it shall specify the date the income deduction order must be served on the obligor's payor. (d) When a court, court referee, or administrative hearing officer determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's payors. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor. (e) The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall: (1) Require the payor to deduct from the obligor's income the amount specified in the income deduction order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the obligee or to a child support receiver, the IV-D agency, or other designee, as appropriate. The amount actually deducted plus all administrative charges shall not be in excess of the amount allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b); (2) Instruct the payor to implement the income deduction order no later than the first pay period that occurs after 14 days following the date the notice was mailed; (3) Instruct the payor to forward, within two days after each payment date, to the obligee or the receiver the amount deducted from the obligor's income and a statement as to whether that amount totally or partially satisfies the periodic amount specified in the income deduction order. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of the obligee;

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(4) Specify that if a payor willfully fails to deduct the proper amount from the obligor's income, the payor is liable for the amount the payor should have deducted, plus costs, interest, and reasonable attorney's fees; (5) Provide that the payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 for each deduction thereafter; (6) State that the income deduction order and the notice to payor, and in the case of a delinquency the notice of delinquency, are binding on the payor until further notice by the obligee, IV-D agency, or the court or until the payor no longer provides income to the obligor; (7) Instruct the payor that, when the payor no longer provides income to the obligor, the payor shall notify the obligee and shall also provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that, if the payor willfully violates this provision, the payor is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of to the obligee. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order; (8) State that no payor may discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32 and that a violation of this provision subjects the payor to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor; (9) Inform the payor that the income deduction order has priority over all other legal processes under state law pertaining to the same income and that payment, as required by the income deduction order, is a complete

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defense by the payor against any claims of the obligor or his creditors as to the sum paid; (10) Inform the payor that if the payor receives income deduction orders requiring that the income of two or more obligors be deducted and sent to the same depository, he may combine the amounts paid to the depository in a single payment as long as he identifies that portion of the payment attributable to each obligor; and (11) Inform the payor that if the payor receives more than one income deduction order against the same obligor, he shall contact the court for further instructions. Upon being so contacted, the court shall allocate amounts available for income deduction giving priority to current child support obligations up to the limits imposed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b). (f) At any time an income deduction order is being enforced, the obligor may apply to the court for a hearing to contest the continued enforcement of the income deduction order on the same grounds set out in subsection (c) of this Code section, with a copy to the obligee and, in IV-D cases, to the IV-D agency. The application does not affect the continued enforcement of the income deduction order until the court enters an order granting relief to the obligor. The obligee of the IV-D agency is released from liability for improper receipt of moneys pursuant to an income deduction order upon return to the appropriate party of any moneys received. (g) An obligee, or his agent, shall enforce income deduction orders against an obligor's successor payor who is located in this state in the same manner prescribed in this Code section for the enforcement of an income deduction order against a payor. (h) (1) When an income deduction order is to be enforced against a payor located outside the state, the obligee who is receiving IV-D services or his agent shall promptly request the agency responsible for income deduction in the other state to enforce the income deduction order. The request shall contain all information necessary to enforce the income deduction order, including the amount to be periodically

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deducted, a copy of the support order, and a statement or arrearages, if applicable. (2) When the IV-D agency is requested by the agency responsible for income deduction in another state to enforce an income deduction order against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency in the other state, the IV-D agency shall act promptly pursuant to the applicable provisions of this Code section. (3) When an obligor who is subject to an income deduction order enforced against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency responsible for income deduction in another state terminates his relationship with his payor, the IV-D agency shall notify the agency in the other state and provide it with the name and address of the obligor and the address of any new payor of the obligor, if known. (4) The procedural rules and laws of this state govern the procedural aspects of income deduction orders whenever the agency responsible for income deduction in another state requests the enforcement of an income deduction order in this state. (i) Certified copies of payment records maintained by a child support receiver or the IV-D agency shall, without further proof, be admitted into evidence in any legal proceeding in this state. (j) No payor shall discharge an obligor by reason of the fact that income has been subjected to an income deduction order under Code Section 19-6-32. A payor who violates this paragraph is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor. (k) When a payor no longer provides income to an obligor, he shall notify the obligee and, if the obligee is an IV-D applicant, the IV-D agency and shall provide the obligor's last known

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address and the name and address of the obligor's new payor, if known. A payor who willfully violates this subsection is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order. Section 4 . Said title is further amended by striking Code Section 19-11-12, relating to the standard for determining ability to support, which reads as follows: 19-11-12. (a) The department shall establish a standard by which the ability of the absent responsible parent to support his child or children shall be measured. The standard shall be designed to ensure that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent. (b) The standard established by the department pursuant to subsection (a) of this Code section shall take into consideration: (1) All earnings, income, and resources of the absent parent, including real and personal property; (2) The earnings potential of the absent parent; (3) The reasonable necessities of the absent parent; (4) The needs of the child for whom support is sought; (5) The amount of assistance that would be paid the child under the full standard of need established by the state plan under the federal Social Security Act; and (6) The existence of other dependents of the absent parent. (c) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial situation by voluntarily incurring subsequent obligations.,

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and inserting in lieu thereof a new Code Section 19-11-12 to read as follows: 19-11-12. (a) The department shall determine the ability of the absent responsible parent to support his child or children in accordance with the guidelines prescribed in Code Section 19-6-15. (b) The department shall implement a process for the periodic review and adjustment of IV-D child support agency orders so that the order is reviewed no later than 36 months from establishment or from the most recent review. Exceptions to this procedure are cases where the department determines that such a review would not be in the best interests of the child and neither parent has requested such a review and in cases in which application is made under subsections (c) and (d) of Code Section 19-11-6 (non-AFDC cases) if neither parent requests such a review. (c) The procedures shall ensure that the state notify each parent subject to a child support order in effect in the state (1) of any review of such order, at least 30 days before the commencement of such review; (2) of the right of such parent to request the state to review such order; and (3) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded, not less than 30 days after such notification, an opportunity to initiate proceedings either through an administrative hearing within the department or before a court to challenge such adjustment or determination. (d) The administrative order adjusting the child support award amount which results from a hearing or the failure to contest such shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the hearing officer shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-32, and 19-6-33. (e) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial condition by voluntarily incurring subsequent obligations.

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Section 5 . Said title is further amended by striking Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof a new Code Section 19-11-15 to read as follows: 19-11-15. (a) When the department has completed its investigation, has applied the standard established pursuant to Code Section 19-11-12 to an absent parent, and believes that the absent parent is able to furnish a certain amount of support, the department may request the absent parent to agree in writing to provide the support amount along with accident and sickness insurance coverage consistent with Code Section 19-11-26. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a voluntary support agreement from the parent, the department or its designated hearing officer may conduct an administrative hearing to determine finally the ability to support, the ability to provide accident and sickness insurance coverage, and the amount of support. (b) The hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing. (c) Whenever the department, after a hearing, determines the amount of support and the ability to provide sickness and accident insurance coverage, it shall deliver the determination to the absent parent personally or shall send it by regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-6-34, and inform the absent parent in plain language: (1) That failure to support may result in the foreclosure of liens on his personal or real property, in garnishment of his wages or other personalty, or in other collection actions; and (2) That he has the right to appeal the determination within 30 days. Section 6 . Said title is further amended by adding at the end of Code Section 19-11-20, relating to wage assignments, a new subsection (d) to read as follows:

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(d) The payor may collect up to $25.00 against the obligor's income to reimburse the payor for administrative costs for the first income deduction and up to $3.00 for each deduction thereafter. Section 7 . Said title is further amended by striking Code Section 19-11-23, relating to authority of district attorneys, and inserting in lieu thereof a new Code Section 19-11-23 to read as follows: 19-11-23. The district attorneys of this state shall be authorized to render such assistance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the department as may be necessary to ensure the proper enforcement of this article. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIACHARITABLE CONTRIBUTIONS BY EMPLOYEES OF BOARD AND SYSTEM. Code Section 45-20-51 Amended. No. 544 (House Bill No. 159). AN ACT To amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating

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in the program and authorized to make deductions from the salaries or wages of their employees for contributions to charitable organizations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, is amended by striking paragraph (1) of Code Section 45-20-51, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Agency' means any agency, as defined in Code Section 45-20-2, which has full-time paid state employees and, in addition thereto, shall include the board of regents and all units of the university system. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. GEORGIA STUDENT FINANCE AUTHORITYSTUDENT INCENTIVE GRANTS; MAXIMUM AWARDS. Code Section 20-3-391 Amended. No. 545 (House Bill No. 160). AN ACT To amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of

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the Georgia Student Finance Authority to establish the maximum award subject to state appropriations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Residents of this state for a period of at least 12 months immediately preceding their date of registration in a branch of the university system; a private college or university which is an approved school for purposes of Subpart 5 of this part, which provides for grants to citizens of Georgia who are students attending colleges or universities in this state which are not branches of the university system; a college or university receiving funds under Article 4 of this chapter; a state-supported vocational-technical school; or an accredited or approved nonprofit hospital school of nursing located in this state shall be eligible to apply for a state student incentive grant. The authority is authorized to extend coverage and the benefits of the program to students attending other nonprofit institutions of higher education located in this state which are approved by the United States for purposes of eligibility under the federal and state student incentive grant programs but only to the extent necessary to receive federal funds available for purposes of the program. Until the amount of funds available to the authority for purposes of this program is sufficient to provide assistance to qualifying students at all undergraduate levels, such assistance shall be limited to full-time students, the maximum student incentive grant that may be awarded to any student shall be approved by the board of directors, subject to appropriations by the General Assembly, and such grant assistance shall not be provided for study during the summer school term. No student shall be eligible to receive a state student incentive grant for a period of more than five academic years.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ALCOHOLIC BEVERAGESDISTILLED SPIRITS; RETAIL DEALER LICENSES; NOTICES. Code Section 3-4-27 Enacted. No. 546 (House Bill No. 169). AN ACT To amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent; to provide for content of notice; to provide restrictions; to provide for proof of publication; 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 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, is amended by adding, immediately following Code Section 3-4-26, a new Code Section 3-4-27 to read as follows: 3-4-27. (a) No application for a retail dealer license for the sale of distilled spirits shall be acted upon until after the applicant has published in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business a notice of his intention to secure a retail

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dealer license. Such notice shall be published at least once during the 30 days immediately preceding the filing of the application for a license. Such notice shall be in large boldface type and shall state: (1) The type of license for which application has been filed; (2) The exact location of the place of business for which a license is sought; (3) The names and addresses of each owner of the business; and (4) If the applicant is a corporation, the names and titles of all corporate officers. (b) Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer license. (c) An applicant for a renewal license shall not be subject to the notice requirements 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 10, 1989.

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INSURANCEGROUP LIFE INSURANCE; GROUP ACCIDENT AND SICKNESS INSURANCE; MULTIPLE EMPLOYER WELFARE ARRANGEMENTS. Code Sections 33-27-1 and 33-30-1 Amended. No. 547 (House Bill No. 176). AN ACT To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance; to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to groups of persons fitting the lawful description for group accident and sickness insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of issuance of group accident and sickness insurance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, is amended by adding at the end thereof a new paragraph, to be designated paragraph (8) to read as follows: (8) (A) The lives of a group of individuals may be insured under a policy issued to a legal entity providing a multiple employer welfare arrangement. As used in this paragraph, the term `multiple employer welfare arrangement' means any employee benefit plan which is established or maintained for the purpose of offering or providing life insurance benefits to the employees of two or more employers, including self-employed individuals and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement.

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(B) The experience produced by this type group must be fully pooled for rating purposes. The claims experience produced by individual subgroups within the group shall not be used in any manner for rating purposes or as a reason for termination of a subgroup. (C) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. Section 2 . Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to groups of persons fitting the lawful description for group accident and sickness insurance, is amended by striking or at the end of paragraph (4), by striking the period at the end of paragraph (5), and inserting in its place ; or, and by adding at the end of said Code section a new paragraph, to be designated paragraph (6), to read as follows: (6) (A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement. (B) The experience produced by this type group must be fully pooled for rating purposes. The claims experience produced by individual subgroups within the group shall not be used in any manner for rating purposes or as a reason for termination of a subgroup. (C) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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INSURANCEPROPERTY AND CASUALTY INSURANCE; ANNUAL REPORT TO THE GENERAL ASSEMBLY. Code Section 33-2-8.1 Enacted. No. 548 (House Bill No. 178). AN ACT To amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry; to provide for the content of such report; to provide for the authority of the Commissioner to obtain information necessary to compile the 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 . Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, is amended by adding immediately following Code Section 33-2-8, relating to the annual report of the Commissioner of Insurance, a new Code section to be designated Code Section 33-2-8.1 to read as follows: 33-2-8.1. (a) The General Assembly and the public have been confronted with a need for relevant and verifiable information on the property and casualty insurance industry. The purpose of this Code section is to provide the General Assembly and the public with accessible information on the property and casualty insurance industry, on the solvency of such insurers, on market availability and profitability, and on trouble liability insurance lines. (b) By July 1, 1990, and on July 1 of each year thereafter, the Commissioner, as a supplemental report to the annual report provided in Code Section 33-2-8, shall compile a report containing the information specified in this Code section and shall

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distribute such supplemental report to each member of the General Assembly. (c) The Commissioner shall investigate every licensed property and casualty insurer that is designated by the National Association of Insurance Commissioners as needing immediate or targeted regulatory attention and shall include in his report the number of such insurers which his investigation confirms are in need of immediate or targeted regulatory attention and the names of such insurers which are in formal rehabilitation, liquidation, or conservatorship. The Commissioner shall obtain from the National Association of Insurance Commissioners the necessary information to implement this subsection and, notwithstanding the provisions of Code Section 50-18-70, shall withhold from public inspection any such information received from the National Association of Insurance Commissioners under an expectation of confidentiality. (d) The Commissioner shall include in his report an evaluation of the insurance coverages considered by him to be unavailable or unaffordable with regard to the following lines, classes, and subclasses of insurance: (1) Owners, landlords, and tenants; (2) Manufacturers and contractors; (3) Products and completed operations; (4) Governmental subdivisions; (5) Public schools; (6) Day-care centers; (7) Liquor retailers; (8) Recreational; (9) Professional liability; (10) Medical malpractice;

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(11) Commercial and private passenger automobile and all other general liability; and (12) Workers' compensation. (e) In considering insurance coverages that are unavailable or unaffordable the Commissioner shall include, if practicable, in his report, for a five-year period on either a prospective or retrospective basis, on a state basis, and on an aggregate country-wide basis, the following information for each licensed property and casualty insurer and each residual market mechanism: (1) The number of policies written as of December 31 of each year; (2) The number of policies canceled or nonrenewed and whether the policies were canceled by the insurer or the insured; (3) Major trends in policy forms; (4) Limits and deductibles offered; (5) Trends in increases or decreases in premiums; and (6) Earned premiums, total limits incurred losses, loss ratios, and the number of incurred claims for policies written and premiums written. (f) The Commissioner shall include in his report consumer information on market assistance programs and joint underwriting associations. (g) The Commissioner shall have the authority to require property and casualty insurers to submit any information necessary to enable him to compile the supplemental report required by this Code section. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INSURANCEUNFAIR TRADE PRACTICES; DIRECT RESPONSE ADVERTISING. Code Section 33-6-4 Amended. No. 549 (House Bill No. 183). AN ACT To amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, is amended by striking or at the end of paragraph (11) of subsection (b), by striking the period and inserting in its place ; or at the end of paragraph (12) of said subsection, and by adding at the end of said subsection a new paragraph, to be designated paragraph (13), to read as follows: (13) (A) Making direct response advertising by an insurer, including radio or television advertisement, of any individual or group life insurance policy in which computation of the death benefit is of such a technical nature that

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such death benefit cannot reasonably be properly presented in the advertisement and understood by a member of the insuring public. Policies, other than variable life or other interest sensitive policies, which provide for multiple changes in death benefits, combinations of increasing and nonuniformly decreasing term insurance, or increasing life insurance benefits equal to or slightly greater than the premiums paid during the early years of the coverage combined with accidental death benefits are types of contracts within the purview of this subparagraph. Additionally, any life insurance policy which cannot be truthfully, completely, clearly, and accurately disclosed in an advertisement falls within this subparagraph; (B) Making direct response advertising by an insurer, including radio or television advertisement, of any individual or group accident and sickness or life insurance policy which is misleading in fact or by implication that the coverage is `guaranteed issue' when there are conditions to be met by those persons to be insured, such as limited medical questions or other underwriting guidelines of the insurer; or (C) Making direct response advertising by an insurer, including radio or television advertisement, of any individual or group accident and sickness or life insurance policy which has not been approved for use in this state by the Commissioner of Insurance. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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REVENUE AND TAXATIONLICENSE, OCCUPATION, AND PROFESSIONAL TAXES; MARRIAGE AND FAMILY THERAPISTS; EXEMPTION. Code Section 48-13-5 Amended. No. 550 (House Bill No. 194). AN ACT To amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, is amended by striking in its entirety subsection (a) of Code Section 48-13-5, relating to exemptions from the levy of any license, occupation, or professional tax by counties and municipalities, and inserting in lieu thereof a new subsection (a) to read as follows: (a) No municipality or county shall levy or collect any license, occupation, or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, psychology, veterinary medicine, landscape architecture, land surveying, massage and physiotherapy, public accounting, embalming, funeral directing, civil, mechanical, hydraulic, or electrical engineering, architecture, or marriage and family therapists, except at the place where the practitioner maintains his principal office. No such levy shall exceed the sum of $200.00 per year or shall be assessed upon or collected from any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a municipality or county of the state.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INSURANCEINDIVIDUAL OR GROUP ACCIDENT AND SICKNESS INSURANCE; NOTICE PRIOR TO CANCELLATION OR NONRENEWAL. Code Section 33-24-47.1 Enacted. No. 551 (House Bill No. 203). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding policies and contracts of insurance generally, so as to provide that an insurer is required to give a 60 day notice prior to cancellation or nonrenewal of an individual or group accident and sickness policy; to provide for definitions; to provide for exemptions; 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 general provisions regarding policies and contracts of insurance generally, is amended by inserting immediately following Code Section 33-24-47 a new Code Section 33-24-47.1 to read as follows: 33-24-47.1. (a) This Code section shall apply only to policies of insurance insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future governed by the provisions of Chapters 29 and 30 of this title.

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(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 against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future. (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. (c) No notice of cancellation of a policy as to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44; provided, however, that the notice of cancellation required by subsection (b) of Code Section 33-24-44 shall be mailed or delivered not less than 60 days prior to the effective date of cancellation. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title. (d) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is

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mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less than 60 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the insured and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall provide the reason or reasons for nonrenewal as required by Chapter 39 of this title. (e) Notice to the insured shall not be required by this Code section when a group or blanket accident and sickness policy is canceled by an insurer for nonpayment of any premium at the expiration of the 31 day grace period as required by Code Section 33-30-4 or when an individual policy of accident and sickness insurance is canceled by an insurer for nonpayment of any premium at the end of a grace period as required by paragraph (3) of subsection (b) of Code Section 33-29-3. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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INSURANCELONG-TERM CARE INSURANCE; RIDERS TO LIFE INSURANCE POLICIES OR INCLUSION IN POLICY; INSTITUTIONALIZATION. Code Sections 33-42-4 and 33-42-6 Amended. No. 552 (House Bill No. 206). AN ACT To amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care provision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits unless alternate policies are offered; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, is amended by striking in their entirety paragraphs (5) and (6) of Code Section 33-42-4, relating to definitions affecting long-term care insurance, and inserting in their place new paragraphs (5) and (6) to read as follows: (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,

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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. Long-term care insurance may be provided through an individual or group life insurance policy by attachment of a long-term care rider or by the automatic inclusion of a long-term care provision which, notwithstanding Code Section 33-42-3, must meet the requirements of this chapter and regulations promulgated by the Commissioner. Any such long-term care riders or policy provisions shall not be exempt from filing requirements and must be filed with the department for approval before being used in this state. (6) `Policy' means any 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. Section 2 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 33-42-6, relating to policy disclosures and outlines of required policy provisions and coverages, and inserting in its place a new subsection (d) to read as follows: (d) (1) No long-term care insurance policy which provides benefits only following institutionalization shall condition 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. (2) Notwithstanding paragraph (1) of this subsection, no long-term care insurance policy which conditions the eligibility of benefits on prior hospitalization may be delivered or issued for delivery in this state unless the insurer or

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other entity offering that policy also offers a long-term care insurance policy which does not condition eligibility of benefits on such a requirement. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. MOTOR VEHICLES AND TRAFFICWINDOWS; TINTING; AFFIXING MATERIALS TO WINDOWS; MATERIALS SHIPPED INTO STATE; LABELING. Code Section 40-8-73.1 Amended. No. 553 (House Bill No. 208). AN ACT To amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain windows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent; to provide for exceptions; to provide for approval by the commissioner of public safety of any material shipped into this state; to provide for labeling of such material; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission through motor vehicle windows, is amended by

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striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-8-73.1 to read as follows: 40-8-73.1. (a) As used in this Code section, the term: (1) `Light reflectance' means the ratio of the amount of total light that is reflected outward by a product or material to the amount of total light falling on the product or material. (2) `Light transmission' means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface. (3) `Manufacturer' means a person who produces or assembles a vehicle glass-coating material or who fabricates, laminates, or tempers a safety-glazing material, which material reduces light transmission. (4) `Material' means any transparent product or substance which reduces light transmission. (5) `Multipurpose passenger vehicle' means a motor vehicle designed to carry ten persons or less which is constructed on a truck chassis or with special features for occasional off-road operation. (b) Except as provided in this Code section, from and after January 1, 1990, it shall be unlawful for any resident person to operate a motor vehicle in this state: (1) Which has material and glazing applied or affixed to the front windshield, which material and glazing when so applied or affixed reduce light transmission through the windshield; or (2) Which has material and glazing applied or affixed to the rear windshield or the side or door windows, which material and glazing when so applied or affixed reduce light transmission through the windshield or window to less than 32 percent or increase light reflectance to more than 20 percent.

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(c) The provisions of subsection (b) of this Code section shall not apply to: (1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass; (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver; (3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic; (4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield; (5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window; (6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of: (A) A multipurpose passenger vehicle; (B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state; (C) Any limousine owned or leased by a public or private entity; or (D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation; or

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(7) Any motor vehicle not registered in this state. (d) The Department of Public Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Public Safety. (e) From and after January 1, 1990, each manufacturer of material designed to be affixed or applied to the windows or windshields of a motor vehicle shall, before shipping such material into this state, apply to the commissioner of public safety for approval and registration of its material and the label for identification and certification of compliance. No material shall be approved by the commissioner unless the manufacturer demonstrates that such material, when applied or affixed to a window, shall not reduce light transmission or increase light reflectance in violation of subsection (b) of this Code section. The manufacturer of any material shipped into this state on or after January 1, 1990, shall provide labels of a size and type approved by the commissioner, written instructions for the placement of such labels, and a notice that the improper installation of material to a window or windshield or the failure to display a label as provided in this subsection is a violation of state law. It shall be unlawful for any person to alter or reproduce any label approved by the commissioner or to knowingly use any approved label except as authorized by this Code section. (f) From and after January 1, 1990, any motor vehicle which has material and glazing applied or affixed to the windows or rear windshield of such vehicle, which material and glazing has reduced the light transmission through such window or windshield or increased the light reflectance of such window or windshield, shall display a label visible from the outside of such vehicle indicating that such windows and windshield are in compliance with the light transmission and light reflectance requirements as provided in subsection (b) of this Code section. From and after January 1, 1990, no person shall install any

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material upon the windshields or windows of any motor vehicle, the installation of which would result in a reduction of light transmission or an increase in light reflectance in violation of subsection (b) of this Code section. (g) The Department of Public Safety is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Code section. (h) Any person who violates subsection (b), (e), or (f) of this Code section shall be guilty of a misdemeanor. Section 2 . This Act shall become effective on January 1, 1990, provided that subsection (e) shall become effective on the Governor's approval or upon its becoming effective without such approval for the purpose of examination and approval of materials and labels by the commissioner of public safety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSCANDIDATES; CHALLENGES TO QUALIFICATIONS; TIME PERIODS. Code Sections 21-2-5, 21-2-6, and 21-3-3 Amended. No. 554 (House Bill No. 234). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions regarding challenges to the qualifications of certain candidates by the Secretary of State, county election superintendents, or municipal election superintendents; to change the time period during which

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certain electors may challenge the qualifications of certain candidates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (b) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office, and inserting in its place a new subsection (b) to read as follows: (b) The Secretary of State upon his own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and shall advise the candidate that he is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing. The Secretary of State is authorized to designate any member of his office as a hearing officer who shall be authorized to conduct a hearing for the purpose of receiving testimony regarding the qualifications of any candidate. The hearing officer shall report his findings to the Secretary of State. Section 2 . Said title is further amended by striking subsection (b) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (b) to read as follows: (b) The superintendent upon his own motion may challenge the qualifications of any candidate referred to in subsection (a) of this Code section at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for any such candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reasons why the

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elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and shall advise the candidate that he is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing. Section 3 . Said title is further amended by striking subsection (b) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (b) to read as follows: (b) The superintendent upon his own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent, giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor, advise the candidate that he is setting a hearing on the matter, and inform the candidate of the date, time, and place of the hearing. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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ELECTIONSPRIMARIES; POSTING LISTS OF QUALIFIED CANDIDATES; PENALTIES; CERTIFICATION OF POLITICAL PARTY CANDIDATES. Code Sections 21-2-153 and 21-2-154 Amended. No. 555 (House Bill No. 239). AN ACT To amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candidates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, is amended by striking subsection (d) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (d) to read as follows: (d) (1) Within one hour after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been

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disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor. Section 2 . Said part is further amended by striking Code Section 21-2-154, relating to certification of political party candidates, and inserting in its place a new Code Section 21-2-154 to read as follows: 21-2-154. At or before 12:00 Noon on the fifth day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Any candidate whose name does not appear on the list of candidates posted by a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, however, that the name of a candidate who has properly qualified whose name has been left off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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INCOME TAXESJOB TAX CREDIT; LESS DEVELOPED AREAS. Code Section 48-7-40 Enacted. No. 556 (House Bill No. 240). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain counties which have been designated by the commissioner of community affairs as less developed areas; to provide for a definition; to provide for powers, duties, and authority of the commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain adjustments to such credit; to provide for transfer and continuation of such credit under certain circumstances; to authorize such credit to be carried forward from the close of certain taxable years; 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 7 of Title 48 of the Official Code of Georgia, relating to the imposition, rate, and computation of income taxes, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-7-40, to read as follows: 48-7-40. (a) As used in this Code section, the term `business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, processing, and research and development industries. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the lower 25 percent of all counties in this state using a combination of the following factors:

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(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and (4) Average weekly manufacturing wage according to the most recent data available. (c) The commissioner of community affairs shall be authorized to include in the designation provided for in subsection (b) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed areas. (e) Business enterprises in counties designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received

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for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. Section 2 . This Act shall become effective January 1, 1990, and shall be applicable to all taxable years beginning on and after January 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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LOCAL GOVERNMENTLOCAL INDEPENDENT AUTHORITIES; ANNUAL REPORT OF INDEBTEDNESS. Code Section 36-81-8 Amended. No. 557 (House Bill No. 248). 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 authorities to file an annual report of indebtedness with the Department of Community Affairs; to provide for a definition; to provide for the contents of such report; to provide for powers, duties, and responsibilities of the department with respect to such report; to provide for the filing and distribution of such report; 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 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, relating to the preparation and filing of certain annual reports on local government finances, and inserting in its place a new Code Section 36-81-8 to read as follows: 36-81-8. (a) As used in this Code section, the term `local independent authority' means each local public body corporate and politic created in and for a county, municipality, consolidated government, or combination thereof, which is authorized to issue bonds under the Constitution and laws of this state. (b) 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. Each local independent authority shall submit an annual report of indebtedness to the Department

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of Community Affairs. Such report shall include the revenues, expenditures, assets, and debts of all funds of the local independent authority and shall describe any actions taken by such local independent authority to incur indebtedness. The local government finances report and the local independent authority indebtedness report shall be filed on forms promulgated by the department and shall be submitted within the requested time periods established by the department. (c) The department shall have the authority to require local governments and local independent authorities to submit the reports as provided for in subsection (b) of this Code section as a condition of such local government or local independent authority receiving state appropriated funds from the department. Upon the receipt of the report of local government finance from a local government or the report of local independent authority debt from a local independent authority, the department is authorized to release any state appropriated grant funds that may be due at such time to the local government or the local independent authority. (d) The department's implementation of subsections (b) and (c) 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 forms provided for in subsection (b) of this Code section in the manner provided for promulgation of rules under Chapter 13 of Title 50. (e) 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. Utilizing information contained in reports of indebtedness returned to the Department of Community Affairs, the Department of Community Affairs shall prepare annually a report on indebtedness of local independent authorities. The local government finances report shall be filed on January 15 of each year, beginning January 15, 1985, and the local independent authority indebtedness report shall be filed on January 15 of each year, beginning January 1, 1990, with the Governor, the Speaker of the House of Representatives, the President of the Senate, the chairman of the

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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 and each local independent authority and member of the General Assembly upon request. (f) The local government finances report and the local independent authority indebtedness 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 and for reasonable comparative analysis of local independent authority debt. (g) The department, in addition to its other duties, shall assist local units of government and local independent authorities 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 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 or local independent authorities. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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ELECTIONSBLIND ELECTORS; ASSISTANCE IN VOTING. Code Sections 21-2-409, 21-2-579, 21-3-318, and 21-3-459 Amended. No. 558 (House Bill No. 254). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain blind electors shall not be required to take an oath in order to receive assistance in voting; to provide procedures relative thereto; to change certain criminal provisions relating to fraudulent voting assistance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-409, relating to assisting electors who cannot read or who have physical disabilities, and inserting in its place a new Code Section 21-2-409 to read as follows: 21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the list of electors, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Except for a blind elector, before an elector shall be permitted to receive assistance, he shall take an oath which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the

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oath. An elector who declares that by reason of blindness he is unable to cast his vote as he wishes and who in the judgement of a manager is blind may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration. (b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent, who shall cause the same to be duplicated and deliver the original oaths or declarations to the superintendent of the county and the duplicates to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for as long as the disability shall continue. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection. Section 2 . Said title is further amended by striking paragraph (3) of Code Section 21-2-579, relating to certain offenses with respect to receiving voting assistance, and inserting in its place a new paragraph (3) to read as follows: (3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he declared at the time of registration no longer exists, permits another to accompany him into the voting compartment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote recorder; or.

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Section 3 . Said title is further amended by striking subsections (a) and (b) of Code Section 21-3-318, relating to assisting municipal electors who cannot read or who have physical disabilities, and inserting in their places new subsections (a) and (b) to read as follows: (a) No elector shall receive any assistance in voting at any primary or election unless he is unable to read the English language or can prove to the satisfaction of the poll officers that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance. Except for a blind elector, before an elector shall be permitted to receive assistance, he shall take an oath, which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he is unable to cast his vote as he wishes and who in the judgement of a manager is blind may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration. (b) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent, who shall cause the same to be duplicated and deliver the original oaths or declarations to the superintendent of the county within which the municipality is located and the duplicates to the registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent lists of electors for as long as the disability shall continue. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection. Section 4 . Said title is further amended by striking paragraph (3) of Code Section 21-3-459, relating to fraudulent voting assistance, and inserting in its place a new paragraph (3) to read as follows: (3) Without having made the affirmation under oath or declaration required by Code Section 21-3-318, or when the disability which he declared at the time of registration no longer

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exists, permits another to accompany him into the voting compartment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote recorder; or. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESALIENS AS ADMINISTRATORS OR EXECUTORS; BONDS OF NONRESIDENT EXECUTORS OR COEXECUTORS. Code Sections 53-6-22 and 53-6-23 Amended. No. 559 (House Bill 258). AN ACT To amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond; to provide for who shall be considered to be aliens lawfully admitted to the United States for permanent residence for purposes of qualification to act as an executor or qualification to act as an administrator; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, is amended by striking Code Section 53-6-22, relating to eligibility of a nonresident to act as an executor and bond requirements, and inserting in lieu thereof a new Code Section 53-6-22 to read as follows: 53-6-22. (a) A citizen of another state or territory of the United States or an alien lawfully admitted to the United States for permanent residence may be nominated and act as executor or coexecutor of the will of a deceased of this state, provided that the nonresident or alien shall, before he is qualified to act, be required to give bond with good security in a sum equal to double the amount of the estate, payable to the judge of the probate court of the county before whom he may qualify in this state. The securities on the bond shall be resident citizens of this state. They shall be subject to an action in the first instance for any default, liability, or mismanagement on the part of the nonresident or alien executor without joining the executor in the action. (b) Where the will nominates a natural person as executor or coexecutor, which person, at the time of qualifying, is not a resident of this state or is an alien lawfully admitted to the United States for permanent residence, and relieves him from giving bond, such executor shall not be required to give bond upon qualification. However, such executor may be required to give bond under the conditions of, and be subject to the same rules as found in, Code Section 53-7-32. (c) For purposes of this Code section, a person shall be considered an alien lawfully admitted to the United States for permanent residence only if such person is treated as a resident of the United States in accordance with the provisions of Section 7701(b)(1)(A)(i) of the Internal Revenue Code of 1986 or the corresponding provision of any future Internal Revenue law. Section 2 . Said part is further amended by striking Code Section 53-6-23, relating to residency requirements of administrators generally and bonds of nonresidents, and inserting in lieu thereof a new Code Section 53-6-23 to read as follows:

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53-6-23. Only citizens of the United States residing in this state and aliens lawfully admitted to the United States for permanent residence and residing in this state are qualified to be made administrators, except that whenever any such United States citizen or lawfully admitted alien is a resident of another state or territory of the United States and is an heir at law, of equal or greater interest than resident heirs, or of sole interest of any estate of a deceased citizen of this state, that nonresident citizen or lawfully admitted alien may act as administrator of the estate; provided, however, that the nonresident shall, before he is qualified to act, be required to give bond and good security in a sum equal to double the amount of the estate, payable to the judge of the probate court of the county before whom he may qualify in this state. The sureties shall be resident citizens of this state. They shall be subject to an action in the first instance for any default, liability, or mismanagement on the part of the nonresident administrator without joining the administrator in the action. For purposes of this Code section, a person shall be considered an alien lawfully admitted to the United States for permanent residence only if such person is treated as a resident of the United States in accordance with the provisions of Section 7701(b)(1)(A)(i) of the Internal Revenue Code of 1986, or the corresponding provision of any future Internal Revenue law. 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 10, 1989.

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PROBATE COURTSCERTAIN COUNTIES; CONCURRENT JURISDICTION; APPOINTMENT OF TRUSTEES; ACCEPTANCE OF TRUSTEE'S RESIGNATION. Code Section 15-9-127 Amended. No. 560 (House Bill No. 259). AN ACT To amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, is amended by striking Code Section 15-9-127, relating to additional concurrent jurisdiction of certain probate courts with superior courts, and inserting in lieu thereof a new Code Section 15-9-127 to read as follows: 15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards' property pursuant to Code Section 29-5-5.1; (3) Approval of settlement agreements pursuant to Code Section 53-3-22;

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(4) Appointment of new trustee to replace trustee pursuant to Code Section 53-13-8; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-13-9; and (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Sections 53-13-10, 53-13-11, and 53-13-12. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. FIRE PROTECTION AND SAFETYCHURCHES; OCCUPANT LOADS. Code Section 25-2-13 Amended. No. 561 (House Bill No. 271). AN ACT To amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, is amended by striking subparagraph

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(b)(1)(G) and inserting in its place new subparagraphs (b)(1)(G) and (b)(1)(G.1) to read as follows: (G) Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls, and other places of public assembly having an occupant load of 300 or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served; (G.1) Churches having an occupant load of 500 or more persons; Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. COUNTY SURVEYORSAPPOINTMENT BY COUNTY GOVERNING AUTHORITIES; LOCAL LAWS. Code Section 36-7-2.1 Enacted. No. 562 (House Bill No.288). AN ACT To amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide requirements and limitations relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, is amended by adding immediately following Code Section 36-7-2 a new Code Section 36-7-2.1 to read as follows: 36-7-2.1. (a) The General Assembly may by local law abolish the office of elected county surveyor in any county of this state and authorize the governing authority of the county to appoint the county surveyor for such term of office as the General Assembly shall provide by said local law. (b) A local law abolishing the office of elected county surveyor pursuant to the authority of this Code section shall comply with the provisions of Code Section 1-3-11 requiring referenda approval on abolishing certain offices, except that if the office of the elected county surveyor is vacant at the time of its abolishment or if the person holding the office was appointed to fill a vacancy pursuant to the provisions of Code Section 36-7-3, such office may be abolished at any time without the necessity of a referendum. (c) A county surveyor appointed by a county governing authority pursuant to the authority of a local Act enacted pursuant to the provisions of this Code section shall possess the qualifications to hold office as a county surveyor specified by paragraph (1) of subsection (b) of Code Section 36-7-2 and shall carry out the duties of a county surveyor as provided in this chapter and other laws of this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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MOTOR VEHICLE LICENSE PLATESCOLLEGES AND UNIVERSITIES; FIREFIGHTERS; PROCEDURES; FEES. Code Sections 40-2-29.21 and 40-2-75.1 Amended. Codes Sections 40-2-29.1 through 40-2-29.20 Repealed. No. 563 (House Bill No. 301). 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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner; to require a minimum number of applications for each institution as a condition for issuance of special license plates for such institution; to provide for fees and procedures; to provide for renewal and transfer of such plates; to provide for issuance of special plates for firefighters; to provide for fees; to require a minimum number of applications for such plates; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-29.21, which reads as follows: 40-2-29.21. Notwithstanding any other provision of this article to the contrary, in the event that the renewal or revalidation of any special license plate issued to commemorate any college, university, or institution and issued pursuant to any provision of this article is authorized for any time period on or after December 31, 1989, then all special plates issued to commemorate any college, university, or institution and issued pursuant to this article shall also be eligible for such renewal or revalidation upon request of the college, university, or institution commemorated by such special license plate.,

Page 922

in its entirety and inserting in lieu thereof a new Code Section 40-2-29.21 to read as follows: 40-2-29.21. (a) The state revenue commissioner shall design a special license plate to be issued commemorating a college or university, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the logo or emblem of the college or university shall be placed immediately to the left of the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal. (b) Any resident motor vehicle owner desiring a special license plate commemorating a college or university shall submit to the commissioner a completed application form for such institution with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate. (c) The commissioner shall retain all applications received for each such college or university until a minimum of 500 applications have been received. After receipt of 500 applications for a commemorative license plate for a particular college or university, the commissioner will then design a license plate for such college or university. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such institution and all fees shall be refunded to applicants. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Section 2 . Said Chapter is further amended by repealing Code Sections 40-2-29.1 through 40-2-29.20, relating to special license plates to commemorate certain colleges, universities, and other educational institutions, in their entirety.

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Section 3 . Said chapter is further amended by striking Code Section 40-2-75.1, relating to special license plates for firefighters, in its entirety and inserting in its place a new Code Section 40-2-75.1 to read as follows: 40-2-75.1. (a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia. (b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefighter, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said certified firefighter acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-76.

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(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from his department, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufacturing fee for such a special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. It shall be a requirement that a county

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name decal be affixed and displayed on license plates issued under this Code section. (e) The provisions of this Code section shall also apply to certified firefighters of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Section 4 . Sections 1 and 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective on December 31, 1989. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. EDUCATIONCHILD MAY ATTEND SCHOOL AT WHICH PARENT OR GUARDIAN IS A TEACHER. Code Section 20-2-293 Amended. No. 564 (House Bill No. 321). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher; to provide for implementation procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-293, relating to a student attending school outside the system of residence, in its entirety and inserting in lieu thereof a new Code Section 20-2-293 to read as follows: 20-2-293. (a) The provisions of this article and other statutes to the contrary notwithstanding, the State Board of Education is authorized to provide a procedure whereby a student shall, for such compelling reasons and circumstances as may be specified by the state board, be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administration wherein the student resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve voluntarily such transfer of the student to the public schools of the other local unit; provided, however, that the board of education of the local unit is willing to receive and to permit such student to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for students to attend such schools, for the purpose of permitting state funds to follow such students, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may contract with each other for the care, education, and transportation of students and for such other activities as they may be authorized by law to perform. (b) Notwithstanding the provisions of subsection (a) of this Code section or any other general law, and except as provided by the General Assembly by local law, a student shall be allowed to attend and be enrolled in the school in which a parent or guardian of such student is a full-time teacher, notwithstanding the fact that such school is not located in the local unit of administration in which such student resides. Each school system of this state shall provide procedures to implement the provisions of this subsection.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. UNIFORM PARTNERSHIP ACTSTATEMENTS OF PARTNERSHIP; PRESUMPTIONS; PROPERTY; DISSOLUTION; AGREEMENTS TO CONTINUE BUSINESS; TITLE TO REAL PROPERTY. Code Sections 14-8-10.1 and 14-8-38 Amended. Code Sections 14-8-38.1 and 14-8-38.2 Enacted. No. 565 (House Bill No. 333). AN ACT To amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the Uniform Partnership Act, so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclusive presumption against a partnership; to change the provisions relating to application of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution; to provide for agreements to continue the business of the partnership and the contents thereof; to provide for vesting of title to real property or other property in a partnership continuing the business of a dissolved partnership; to provide for validation of prior vesting of title to property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the Uniform Partnership Act, is amended by striking subsections (b) and (f) of Code Section 14-8-10.1, relating to statements of partnership generally, and inserting in lieu thereof new subsections (b) and (f) to read as follows:

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(b) A statement of partnership shall state: (1) The name of the partnership; (2) The location of the principal place of business of the partnership, if any; (3) The names and places of residence of all of the partners; (4) The term for which the partnership is to exist, or that it is to exist until terminated by law or according to its provisions; (5) Any limitations on the authority of one or more partners to act on behalf of the other partners or the partnership, beyond that authority defined in this chapter, which the partnership desires to disclose; (6) Any authority beyond that defined in this chapter on the part of one or more partners to act on behalf of the other partners or the partnership which the partnership desires to disclose; (7) Any property (including real property) belonging to the partnership, which the partnership desires to disclose; provided that, with respect to real property, owned by the partnership but not titled in the name of the partnership, at the time the statement (or any amendment thereto disclosing such real property) is filed, the partnership shall also file and record in the deed records of the county wherein such real property lies a deed or deeds conveying such real property to the partnership filing the statement (or amendment). Title to all real property so conveyed shall be deemed to be held in the partnership name from the date of the filing of such statement (or amendment) and deed or deeds in the county wherein such real property lies; (8) If the partnership or the partnership business has been continued despite the death or withdrawal of any partner by reason of an agreement provided for in Code Section 14-8-31 or 14-8-38, the statement or any amendment thereto may state the name and date of death or withdrawal

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of such deceased or withdrawing (whether voluntarily or involuntarily, according to the terms of the agreement) partner and that the partnership or the partnership business was continued despite such death or withdrawal because of the existence of such agreement; and (9) If a new partner has been admitted to the partnership, the statement or any amendment thereto may state the name and date of admission of such new partner. (f) It shall be conclusively presumed against the partnership that all facts stated in the statement of partnership are true. Without limiting the generality of the foregoing, it shall be conclusively presumed against the partnership that the persons named as partners in a statement of partnership are members of the partnership named, that they are all of the members of the partnership, that the partners have the authority disclosed by this statement, that there are no limitations on this authority beyond those contained in this chapter other than those disclosed in this statement, that any partner stated to be dead is deceased, that any partner stated to have been admitted as a new partner has been admitted to the partnership, and that any partner stated to have withdrawn has withdrawn from the partnership. The conclusive presumption under this subsection or under subsection (g) of this Code section shall not arise with respect to a statement of partnership if and from the date that there is recorded by anyone claiming to be a partner, or a personal representative, whether executor, administrator, guardian, or conservator, of such partner, an affidavit, sworn to by the person executing it, which shall set forth the name of the partnership, a statement that such person claims to be a member of such partnership, or a personal representative of such member, or a statement that any of the persons named in a previously recorded statement of partnership are not members of such partnership, or a statement that any of the other facts stated in a previously recorded statement of partnership are not true. Said affidavit shall not be effective to the prejudice of a person who is not a partner: (1) In connection with a transaction involving partnership real property, unless the affidavit was recorded in the county in which the property is located; or

Page 930

(2) In connection with any other transaction if the affidavit was not recorded in a county in which the statement of partnership was recorded, the person relied on a statement of partnership recorded in such county, and the person had no knowledge or notice of the affidavit. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 14-8-38, relating to application of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Unless otherwise agreed by the partners in the partnership agreement, at the time of the transaction, or at any other time, including, but not limited to, an agreement to continue the business of the partnership, when dissolution is caused in any way, other than wrongfully either in contravention of the partnership agreement or as a result of other wrongful conduct of a partner, any partner, or the legal representative of the estate of a deceased partner, as against his copartners and all persons claiming through them in respect of their interests in the partnership, may have the partnership property applied to discharge its liabilities and the surplus applied to pay in cash or its equivalent the net amount owing to the respective partners. The foregoing provision shall not apply if dissolution is caused by expulsion of a partner in accordance with the terms of a partnership agreement. Unless otherwise agreed by the partners, in the event of such expulsion the expelled partner shall receive the net amount due him from the partnership and the partners who continue the business shall obtain his discharge or appropriately hold him harmless from all present or future partnership liabilities. Section 3 . Said chapter is further amended by adding, following Code Section 14-8-38, two new Code sections, to be designated as Code Section 14-8-38.1 and Code Section 14-8-38.2, to read as follows: 14-8-38.1. When a partnership is dissolved for any reason, either pursuant to the provisions of this chapter or the partnership agreement or otherwise, and the business is continued as a partnership, the title to any real property or other property vested in such dissolved partnership shall, by operation of law, be

Page 931

vested in the partnership continuing the business without reversion or impairment and without further act or deed or other instrument of transfer or conveyance. 14-8-38.2. In every instance prior to July 1, 1989, where a partnership has been dissolved for any reason, either pursuant to the provisions of this chapter or the partnership agreement or otherwise, and the business is continued as a partnership, but no deed or other instrument of transfer or conveyance for any real property or other property to the partnership continuing the business has been duly executed and properly recorded, title to such real property or other property shall, by operation of law, be vested in such partnership continuing the business without reversion or impairment and in as valid and effectual a manner in every case as if a deed or other instrument of transfer or conveyance from such dissolved partnership to such partnership continuing the business had been duly executed and properly recorded. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACTREVISION. Code Title 14, Chapter 9 Amended. Code Sections 10-1-492 and 15-6-77 Amended. No. 566 (House Bill No. 334). AN ACT To amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to names of

Page 932

limited partnerships and reservations of names; to correct typographical, stylistic, punctuation, and grammatical errors and omissions; to change the provisions relating to registered offices and agents; to change the provisions relating to execution of certificates; to change the provisions relating to mergers; to provide for mergers of domestic limited partnerships with corporations; to provide for filing requirements; to change the provisions relating to annual registration; to repeal certain provisions relating to failure to file annual registrations; to change the provisions relating to voting rights, additional rights, powers, and duties; to change the provisions relating to inspection of partnership records; to provide for confidential information; to change the provisions relating to interim distributions; to provide for redemption of interests; to change the provisions relating to withdrawal of a general partner; to change the provisions relating to events triggering a dissolution; to change the provisions relating to winding up a limited partnership's affairs; to change the provisions relating to registered agents and offices; to change the provisions relating to fees of the Secretary of State; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to change a cross-reference; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, so as to change a cross-reference; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Revised Uniform Limited Partnership Act, is amended by striking subsection (a) of Code Section 14-9-102, relating to partnership names, and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (c) to read as follows: (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) Must be distinguishable on the records of the Secretary of State from the name of any active limited

Page 933

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 (3) 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. (c) This chapter does not control the use of fictitious or trade names. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to paragraph (2) of subsection (a) of this Code section. Issuance of a limited partnership name does not affect the commercial availability of the name. Section 2 . Said chapter is further amended by striking Code Section 14-9-103, relating to reservation of a name, which reads as follows: 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., and inserting in lieu thereof a new Code Section 14-9-103 to read as follows: 14-9-103. (a) A person may apply to reserve the use of a limited partnership name under Code Section 14-9-102. If the

Page 934

Secretary of State finds that the limited partnership name applied for is available, he shall reserve the name for the applicant's use for a nonrenewable 60 day period. (b) A person who has in effect a name reservation under subsection (a) of this Code section 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. Section 3 . Said chapter is further amended by striking subsection (h) of Code Section 14-9-104, relating to registered offices and agents, and inserting in lieu thereof a new subsection (h) to read as follows: (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 a copy 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 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 more than 30 days. The provisions of this subsection may be used notwithstanding any inconsistent provisions of Chapter 11 of Title 9. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 14-9-204, relating to execution of certificates, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person may sign a certificate by an attorney in fact, but a power of attorney to sign a certificate relating to the

Page 935

admission of a general partner must specifically describe the admission. Section 5 . Said chapter is further amended by striking Code Section 14-9-206.1, relating to merger, and inserting in lieu thereof a new Code Section 14-9-206.1 to read as follows: 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 or corporations. The agreement shall designate the surviving domestic or foreign limited partnership or corporation; provided, however, that in any merger of a domestic limited partnership with a corporation, the corporation must survive. The agreement of merger may also set forth: (1) The terms and conditions of the merger; (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 corporation 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) If the surviving entity is a domestic or foreign limited partnership or corporation, it 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;

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(3) The name and state of domicile of the surviving partnership or corporation; (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. If the surviving entity is a domestic or foreign corporation, it shall also comply with filing requirements of the laws of the state of its incorporation governing corporations as though each constituent limited partnership were a corporation. (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 filed pursuant to subsection (b) of this Code section shall have the effect of the certificate of cancellation for a domestic or registered 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:

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(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. (3) When a limited partnership merges with a corporation pursuant to this Code section, the effect of the merger shall be the same as if the limited partnership had been a corporation under the law governing the surviving corporation. Section 6 . Said chapter is further amended by striking Code Section 14-9-206.5, relating to annual registration, which reads as follows: 14-9-206.5. (a) Each domestic limited partnership and each foreign limited partnership authorized to transact business 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;

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(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., and inserting in lieu thereof a new Code Section 14-9-206.5 to read as follows: 14-9-206.5. (a) Each domestic limited partnership and each foreign limited partnership authorized to transact business 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) The street address and county of its registered office and the name of its registered agent at that office in this state;

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(3) The mailing address of its principal office; and (4) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the limited partnership. (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 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, 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 limited partnership 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. Section 7 . Said chapter is further amended by striking Code Section 14-9-206.6, relating to failure to file an annual registration, which reads as follows: 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 of this chapter may not maintain a proceeding in any court in this

Page 940

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., and inserting in lieu thereof the following: 14-9-206.6. Reserved. Section 8 . Said chapter is further amended by striking subsection (a) of Code Section 14-9-302, relating to voting rights, additional rights, powers, and duties, and inserting in lieu thereof a new subsection (a) to read as follows: (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' rights to all or certain identified limited partners. Section 9 . Said chapter is further amended by striking subsection (a) of Code Section 14-9-305, relating to inspection of partnership records, and inserting in lieu thereof a new subsection (a) to read as follows: (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 record required to be maintained by Code Section 14-9-105;

Page 941

(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; provided, however, that a general partner shall have the right to keep confidential from limited partners for such period of time as the general partner deems reasonable, any information which the general partner reasonably believes to be in the nature of trade secrets or other information, the disclosure of which the general partner in good faith believes is not in the best interests of the limited partnership or could damage the limited partnership or its business or which the limited partnership is required by law or by agreement with a third party to keep confidential. Section 10 . Said chapter is further amended by striking subsection (a) of Code Section 14-9-405, relating to voting rights and additional rights, powers, and duties, and inserting in lieu thereof a new subsection (a) to read as follows: (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

Page 942

(2) Dissenters' rights to all or certain identified general partners. Section 11 . Said chapter is further amended by striking Code Section 14-9-601, relating to interim distributions, and inserting in lieu thereof a new Code Section 14-9-601 to read as follows: 14-9-601. (a) 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. (b) A limited partnership may redeem all or a portion of the interest of any limited or general partner in accordance with the partnership agreement or as agreed among all of the persons who are partners at the time of redemption. Section 12 . Said chapter is further amended by striking subsections (e) and (f) of Code Section 14-9-602, relating to withdrawal of a general partner, and inserting in lieu thereof new subsections (e) and (f) to read as follows: (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 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. (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 subsection (e) of this Code section. Section 13 . Said chapter is further amended by striking Code Section 14-9-801, relating to events triggering dissolution, and

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inserting in lieu thereof a new Code Section 14-9-801 to read as follows: 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; (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 withdrawal 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. Section 14 . Said chapter is further amended by striking subsection (a) of Code Section 14-9-803, relating to winding up, and inserting in lieu thereof a new subsection (a) to read as follows: (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. Section 15 . Said chapter is further amended by striking subsections (g) and (i) of Code Section 14-9-902.1, relating to registered

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agents and offices, and inserting in lieu thereof new subsections (g) and (i) to read as follows: (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. (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 a copy 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 last registered office or agent listed on the records of the Secretary of State and that service cannot be effected at such office. Section 16 . Said chapter is further amended by striking Code Section 14-9-1101, relating to fees, and inserting in lieu thereof a new Code Section 14-9-1101 to read as follows: 14-9-1101. The Secretary of State shall charge and collect for:

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(1) Filing a certificate of limited partnership $ 60.00 (2) Filing a registration of a foreign limited partnership 170.00 (3) Filing an annual registration 15.00 (4) Agent's statement of resignation No fee (5) Statement of change of address of registered agent or registered office..... $5.00 per limited partnership but not less than 20.00 (6) Filing any other document required or permitted pursuant to this chapter 20.00. Section 17 . Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, is amended by striking Code Section 10-1-492, relating to exemption of corporations and limited or professional partnerships, and inserting in lieu thereof a new Code Section 10-1-492 to read as follows: 10-1-492. This part shall not apply to corporations doing business under their corporate names or to limited partnerships doing business under their limited partnership names which have been filed for record pursuant to Chapter 9 or 9A of Title 14, as amended, or to persons practicing any profession under a partnership name. Section 18 . Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, is amended by striking paragraph (11) of subsection (e) of said Code section and inserting in lieu thereof a new paragraph (11) to read as follows: (11) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the `Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases.

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Section 19 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. GEORGIA BUSINESS CORPORATION CODEREVISION; CONFORMING AMENDMENTS IN OTHER CODE SECTIONS. Code Titles 7, 9, 14, 15, 16, 44, 46, 50, and 53 Amended. No. 567 (House Bill No. 335). AN ACT To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Business Corporation Code, so as to revise said chapter; to provide that each provision of such chapter shall have independent legal significance; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to change the provisions relating to filing requirements; to change the provisions relating to filing fees and penalties; to change the provisions relating to correcting a filed document; to change certain definitions; to change the provisions relating to notice; to change the provisions relating to signatures; to provide for corporate seals and the use and effect thereof; to change the provisions relating to publication of a notice of intent to file articles of incorporation; to change the provisions relating to articles of incorporation; to change the provisions relating to the powers of corporations; to provide for insurance; to change the provisions relating to corporate names and reserved names; to change the provisions relating to authorized shares; to change the provisions relating to terms of a class or series and their determination by the board of directors; to change the provisions relating to share options; to change the provisions relating to the form and content of certificates; to change the provisions relating to restrictions on the transfer of shares and other securities;

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to change the provisions relating to shareholders' preemptive rights; to change the provisions relating to a corporation's acquisition of its own shares; to change the provisions relating to special meetings and court-ordered meetings; to change the provisions relating to action without a meeting of shareholders; to change the provisions relating to voting entitlement of shares; to change the provisions relating to quorum and voting requirements for voting groups; to provide for adjournment of meetings; to change the provisions relating to voting trusts; to change the provisions relating to shareholder agreements; to change the provisions relating to standing; to change the provisions relating to stay of proceedings; to change the provisions relating to the number and election of directors; to change the provisions relating to vacancies on boards of directors; to redesignate certain material relating to liability for unlawful distributions; to provide for derivative proceedings; to change the provisions relating to court-ordered indemnification and advances for expenses; to change the provisions relating to shareholder approved indemnification; to change the provisions relating to indemnification of officers, employees, and agents; to change the provisions relating to definitions of terms relating to directors' conflicting interest transactions; to change the provisions relating to judicial action; to provide for and regulate officers' conflicting interest transactions; to change the provisions relating to share transfers after first refusal by a corporation; to change the provisions relating to exercise of compulsory purchase rights; to change the provisions relating to court costs and other expenses; to change the provisions relating to special terms and powers of directors; to change the provisions relating to elimination of a board of directors; to change the provisions relating to the shareholder option to dissolve a corporation; to change the provisions relating to voting on amendments by voting groups; to change the provisions relating to bylaws increasing quorum or voting requirements for shareholders; to change the provisions relating to action on a plan of merger or share exchange; to change the provisions relating to articles or a certificate of merger or share exchange; to change the provisions relating to mergers or share exchanges with joint-stock or other unincorporated associations or trusts; to change the provisions relating to definitions of terms relating to business combinations with interested shareholders; to redesignate certain laws relating to business combinations with interested shareholders; to change the provisions relating to business combinations with interested shareholders; to change the provisions relating to inapplicability of requirements unless specifically provided by corporate bylaws; to change the provisions relating to sale and mortgage of assets not requiring shareholder

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approval; to provide for definitions; to change the provisions relating to the right to dissent; to change the provisions relating to offers of payment; to change the provisions relating to the procedure if a shareholder is dissatisfied with payment or an offer; to change the provisions relating to court actions; to change the provisions relating to revocation of dissolution proceedings; to change the provisions relating to articles of dissolution; to change the provisions relating to revival of a corporation after dissolution by expiration of the period of duration; to change the provisions relating to grounds for administrative dissolution; to change the provisions relating to grounds for judicial dissolution; to amend other provisions of the Official Code of Georgia Annotated so as to conform such provisions to changes made in Chapter 2 of Title 14, known as the Georgia Business Corporation Code; to amend Chapter 1 of Title 7, known as the Financial Institutions Code of Georgia, so as to change the provisions relating to general corporate powers of banks and trust companies; to change the provisions relating to rights of dissenting shareholders; to change the provisions relating to rights of shareholders to dissent; to change the provisions relating to the application of certain laws to international banking corporations and bank agencies; to change the provisions relating to certification by the Secretary of State; to change the provisions relating to powers of shareholders and members and voting; to change the provisions relating to filing departmental approvals with the Secretary of State and issuance of certificates; to change the provisions relating to powers of shareholders and members; to amend Code Section 9-11-25, relating to class actions, so as to change a cross-reference; to amend Chapter 3 of Title 14, known as the Georgia Nonprofit Corporation Code, so as to change cross-references; to change the provisions relating to execution of documents and corporate seals; to change the provisions relating to filing and correction of documents; to change the provisions relating to the defense of ultra vires; to change the provisions relating to reservation of a corporate name; to change the provisions relating to registered offices and registered agents and changes therein; to change the provisions relating to service of process, notice, or demand on corporations; to change the provisions relating to venue; to change the provisions relating to effect where articles of incorporation or bylaws require a vote of a greater number of shares; to change the provisions relating to meetings and notice thereof; to change the provisions relating to action without a meeting; to change the provisions relating to indemnification of officers, directors, employees, and agents and insurance; to change the provisions relating to filing articles of incorporation and a certificate of corporate name, payment of fees,

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and publication of notice; to change the provisions relating to the evidentiary effect of the issuance of a certificate of incorporation; to change the provisions relating to emergency bylaws and powers; to change the provisions relating to when an amendment of articles of incorporation becomes effective; to change the provisions relating to restated articles of incorporation; to change the provisions relating to articles of merger or consolidation; to change the provisions relating to the effect of a merger or consolidation; to change the provisions relating to dissolution after conducting affairs; to change the provisions relating to involuntary dissolution by the Secretary of State; to change the provisions relating to dissolution by a decree of a superior court; to change the provisions relating to filing of claims by creditors; to change the provisions relating to filing and notice of a decree dissolving a corporation and the fee therefor; to change the provisions relating to revival of corporate existence after dissolution by expiration of the period of duration; to change the provisions relating to revival of corporate existence more than ten years after dissolution by expiration of the period of duration; to change the provisions relating to application of Chapter 3 of Title 14 to undomesticated foreign corporations authorized to conduct affairs in this state under a prior law; to repeal the provisions relating to miscellaneous charges; to amend Chapter 4 of Title 14, relating to Secretary of State corporations, so as to change cross-references; to amend Chapter 7 of Title 14, known as the Georgia Professional Corporation Act, so as to change the provisions relating to stock; to change the provisions relating to names of professional corporations; to amend Code Section 15-6-77, relating to fees of clerks of the superior courts, so as to change the provisions relating to filing incorporation proceedings; to amend Chapter 14 of Title 16, known as the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, so as to change a cross-reference; to amend Article 5 of Chapter 12 of Title 44, known as the Disposition of Unclaimed Property Act, so as to change the provisions relating to when undistributed dividends and distributions of business associations are presumed to be abandoned; to prohibit certain actions for the recovery of certain dividends and distributions; to amend Part 3 of Article 2 of Chapter 5 of Title 46, known as the Rural Telephone Cooperative Act, so as to change the provisions relating to fees; to change a cross-reference; to amend Chapter 8 of Title 46, relating to railroad companies, so as to change the provisions relating to the applicability of laws relating to dissolution of corporations to railroad companies; to change a cross-reference; to change the provisions relating to indemnification by railroad companies of directors, officers, and others; to amend Chapter 10 of Title 50, known as

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the Georgia Development Authority Act, so as to change the provisions relating to the purpose and powers of the authority; to change cross-references; to amend Chapter 12 of Title 53, relating to trusts, so as to change the provisions relating to initial and annual returns; to change cross-references; to change the provisions relating to merger of a trust into a domestic corporation; to change the provisions relating to amendment of articles of incorporation of private foundations; 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: Part 1 Section 1 . Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Business Corporation Code, is amended by adding, following Code Section 14-2-102, a new Code Section 14-2-103 to read as follows: 14-2-103. Each provision of this chapter shall have independent legal significance. Section 2 . Said chapter is further amended by striking subsection (h) of Code Section 14-2-120, relating to filing requirements, and inserting in lieu thereof a new subsection (h) to read as follows: (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. Section 3 . Said chapter is further amended by striking Code Section 14-2-122, relating to filing fees and penalties, and inserting in lieu thereof a new Code Section 14-2-122 to read as follows:

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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) Agent's statement of resignation No fee (5) Certificate of judicial dissolution No fee (6) Application for reservation of a corporate name 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 Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-124, relating to correcting a filed document, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) A domestic or foreign corporation may correct a document filed by the Secretary of State if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, verified, or acknowledged. Section 5 . Said chapter is further amended by striking paragraph (16) of Code Section 14-2-140, relating to definitions of terms used in Chapter 2 of Title 14, known as the Georgia Business Corporation Code, and inserting in lieu thereof a new paragraph (16) to read as follows: (16) `National securities exchange' means any securities exchange if the securities listed on that exchange are exempt from the registration requirements of Chapter 5 of Title 10, known as the Georgia Securities Act of 1973, pursuant to subsection (h) of Code Section 10-5-8 or any successor provision. Section 6 . Said chapter is further amended by striking subsections (c) and (e) of Code Section 14-2-141, relating to notice, and inserting in lieu thereof new subsections (c) and (e) to read as follows: (c) Written notice by a domestic or foreign corporation to its shareholders, 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. (e) Except as provided in subsection (c) of this Code section, written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received, or when delivered, properly addressed, to the addressee's last known principal place of business or residence;

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(2) Five days after its deposit in the mail, as evidenced by the postmark, or such longer period as shall be provided in the articles of incorporation or bylaws, if mailed with firstclass 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. Section 7 . Said chapter is further amended by striking Code Section 14-2-150, relating to signatures, and inserting in lieu thereof a new Code Section 14-2-150 to read as follows: 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. The transfer agent or registrar may sign manually or in facsimile. Section 8 . Said chapter is further amended by adding, following Code Section 14-2-150, a new Code Section 14-2-151 to read as follows: 14-2-151. (a) With respect to any contract, conveyance, or similar document executed by or on behalf of a domestic or foreign corporation, the presence of the corporate seal, or a facsimile thereof, attested by the secretary or assistant secretary of the corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, shall attest: (1) That the corporate seal or facsimile thereof affixed to the document is in fact the seal of the corporation or a true facsimile thereof, as the case may be; (2) That any officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such document on behalf of the corporation, and that the signature of such officer subscribed thereto is genuine; and

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(3) That the execution of the document on behalf of the corporation has been duly authorized. (b) When the seal of a corporation or the facsimile thereof is affixed to any document and is attested by the secretary or assistant secretary of a corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, a third party without knowledge or reason to know to the contrary may rely on such document as being what it purports to be. (c) The seal of the corporation may be affixed to any document executed by the corporation, but the absence of the seal shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. Section 9 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-201.1, relating to publication of notice of intent to file articles of incorporation, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Prior to filing the articles of incorporation, the incorporator shall 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: 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 at such address is(name of agent).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in

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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 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. Section 10 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-202, relating to articles of incorporation, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The articles of incorporation may set forth: (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; (4) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders

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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 14-2-832; 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 prior to the date when such provision becomes effective; and (5) A provision that, in discharging the duties of their respective positions and in determining what is believed to be in the best interests of the corporation, the board of directors, committees of the board of directors, and individual directors, in addition to considering the effects of any action on the corporation or its shareholders, may consider the interests of the employees, customers, suppliers, and creditors of the corporation and its subsidiaries, the communities in which offices or other establishments of the corporation and its subsidiaries are located, and all other factors such directors consider pertinent; provided, however, that any such provision shall be deemed solely to grant discretionary authority to the directors and shall not be deemed to provide to any constitutency any right to be considered. Section 11 . Said chapter is further amended by striking Code Section 14-2-302, relating to general powers of corporations, and inserting in lieu thereof a new Code Section 14-2-302 to read as follows: 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

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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 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;

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(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; (15) To provide insurance for its benefit on the life or physical or mental ability of any of its directors, officers, or employees or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him at his death or disability, on the life or physical or mental ability of that shareholder, for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation, as part of compensation arrangements, or pursuant to any contract obligating the corporation as guarantor or surety, on the life of the principal obligor, and for these purposes the corporation is deemed to have an insurable interest in such persons; and (16) To make payments or donations or do any other act not inconsistent with law that furthers the business and affairs of the corporation. Section 12 . Said chapter is further amended by striking subsection (e) of Code Section 14-2-401, relating to corporate names, and inserting in lieu thereof a new subsection (e) to read as follows:

Page 959

(e) This chapter does not control the use of fictitious or trade names. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to subsection (b) of this Code section. Issuance of a corporate name does not affect the commercial availability of the name. Section 13 . Said chapter is further amended by striking Code Section 14-2-402, relating to reserved names, and inserting in lieu thereof a new Code Section 14-2-402 to read as follows: 14-2-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's use for a nonrenewable 60 day period. (b) A person who has in effect a name reservation under subsection (a) of this Code section 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. Section 14 . Said chapter is further amended by striking Code Section 14-2-601, relating to authorized shares, and inserting in lieu thereof a new Code Section 14-2-601 to read as follows: 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. Except to the extent otherwise permitted by Code Section 14-2-602, all shares of a class must have preferences, limitations, and relative rights identical with those of other shares of the same class; provided, however, that any of the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if

Page 960

the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the 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, exchangeable, 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 data or events; (3) Entitle the holders to distributions calculated in any manner, including dividends 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.

Page 961

(d) If at the time the corporation issues shares or other securities that are redeemable or exchangeable for 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 be deemed to have the par value determined by the board solely for the purpose of satisfaction of the requirements of the statute or regulation imposing a tax or fee based upon the capitalization of the corporation. Section 15 . Said chapter is further amended by striking subsections (a) and (c) of Code Section 14-2-602, relating to terms of a class or series and their determination by the board of directors, and inserting in lieu thereof new subsections (a) and (c) to read as follows: (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 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. (c) All shares of a series must have preferences, limitations, and relative rights identical with those of other shares 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, preferences, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof,

Page 962

may be made dependent upon facts ascertainable outside the articles of incorporation if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation. Section 16 . Said chapter is further amended by striking Code Section 14-2-624, relating to share options, and inserting in lieu thereof a new Code Section 14-2-624 to read as follows: 14-2-624. (a) A corporation may issue rights, options, or warrants with respect to the shares of the corporation whether or not in connection with the issuance and sale of any of its shares or other securities. The board of directors shall determine the terms upon which the rights, options, or warrants are issued, their form and content, the consideration for which they are to be issued, and the terms and conditions relating to their exercise, including the time to times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised. (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, options, or warrants, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration, (1) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (2) may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights, options, or warrants adopted by the board of directors, if the manner in which the facts shall operate upon the exercise of rights is clearly and expressly set forth in the document evidencing the rights or in the resolution. Nothing contained in Code Section 14-2-601 shall be deemed to limit the board of directors' authority to determine, in its sole discretion, the terms and conditions of the rights, options, or warrants

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issuable pursuant to this Code section. Such terms and conditions need not be set forth in the articles of incorporation. Section 17 . Said chapter is further amended by striking subsection (d) of Code Section 14-2-625, relating to the form and content of certificates, and inserting in lieu thereof a new subsection (d) to read as follows: (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. 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. The transfer agent or registrar may sign either manually or by facsimile. Section 18 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-627, relating to restrictions on the transfer of shares and other securities, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A restriction on the transfer or registration of transfer of shares is valid and enforceable against the holder or a transferee of the holder if the restriction is authorized by this Code section and its existence is noted conspicuously 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. Section 19 . Said chapter is further amended by striking Code Section 14-2-630, relating to shareholders' preemptive rights, and inserting in lieu thereof a new Code Section 14-2-630 to read as follows:

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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 or treasury shares, if any, 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 or treasury 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 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;

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(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 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;

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(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. Section 20 . Said chapter is further amended by striking Code Section 14-2-631, relating to a corporation's acquisition of its own shares, and inserting in lieu thereof a new Code Section 14-2-631 to read as follows: 14-2-631. (a) A corporation may acquire its own shares and shares so acquired constitute authorized but unissued shares, unless the articles of incorporation provide that reacquired shares become treasury shares or prohibit the reissue of reacquired shares.

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(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. The articles must set forth: (1) The reduction in the number of authorized shares, itemized by class and series; and (2) The total number of authorized shares, itemized by class and series, remaining after reduction of the shares. (d) The board of directors may adopt articles of amendment providing that reacquired shares become treasury shares without shareholder action. Section 21 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-702, relating to special meetings, and inserting in lieu thereof a new subsection (a) to read as follows: (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 to corporations described 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

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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. Section 22 . Said chapter is further amended by striking Code Section 14-2-703, relating to court-ordered meetings, and inserting in lieu thereof a new Code Section 14-2-703 to read as follows: 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 earlier of six months after the end of a fiscal year of the corporation 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) After notice to the corporation, the superior court may order that the meeting be deemed an annual meeting or a special meeting. Section 23 . Said chapter is further amended by striking subsections (c) and (d) of Code Section 14-2-704, relating to action without a meeting of shareholders, and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) If the articles of incorporation give the shareholders the right to cumulate their votes, action with respect to any

Page 969

election of directors may be taken without a meeting only by written consent signed by all the shareholders entitled to vote on the election of directors. (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 shareholders signs the consent. Section 24 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-721, relating to voting entitlement of shares, and inserting in lieu thereof a new subsection (a) to read as follows: (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 shares are entitled to vote. Section 25 . Said chapter is further amended by striking subsection (c) of Code Section 14-2-725, relating to quorum and voting requirements for voting groups, and inserting in lieu thereof a new subsection (c) to read as follows: (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 adopted by the shareholders under Code Section 14-2-1021, or this chapter requires a greater number of affirmative votes. Section 26 . Said chapter is further amended by adding, following Code Section 14-2-728, a new Code Section 14-2-729 to read as follows: 14-2-729. The holders of a majority of the voting shares represented at a meeting, whether or not a quorum is present, may adjourn such meeting from time to time. Section 27 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-730, relating to voting trusts, and inserting in lieu thereof a new subsection (a) to read as follows:

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(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 a copy of the list and agreement to the corporation's principal office. Section 28 . Said chapter is further amended by striking subsections (c), (e), and (f) of Code Section 14-2-731, relating to shareholder agreements, and inserting in lieu thereof new subsections (c), (e), and (f) to read as follows: (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 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 among 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. (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 the 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 or upon the written statement required for shares without certificates by subsection (b) of Code Section 14-2-626.

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(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 board of 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. Section 29 . Said chapter is further amended by striking Code Section 14-2-741, relating to standing, and inserting in lieu thereof a new Code Section 14-2-741 to read as follows: 14-2-741. A shareholder may not commence or maintain a derivative proceeding unless the shareholder: (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. Section 30 . Said chapter is further amended by striking Code Section 14-2-743, relating to stay of proceedings, and inserting in lieu thereof a new Code Section 14-2-743 to read as follows: 14-2-743. If the corporation commences an inquiry into the allegations made in the demand or complaint, the court may stay any derivative proceeding for such period as the court deems appropriate. Section 31 . Said chapter is further amended by striking Code Section 14-2-803, relating to the number and election of directors, and inserting in lieu thereof a new Code Section 14-2-803 to read as follows: 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.

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(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 number of directors may be fixed or changed from time to time, within the minimum and maximum, by the shareholders or, if the articles or bylaws so provide, by the board of directors. (c) 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. (d) After initial election or appointment pursuant to Code Section 14-2-205, directors are elected at each annual shareholders' meeting unless their terms are staggered under Code Section 14-2-806. Section 32 . Said chapter is further amended by striking Code Section 14-2-810, relating to vacancies on boards of directors, and inserting in lieu thereof a new Code Section 14-2-810 to read as follows: 14-2-810. (a) Unless the article of incorporation or a bylaw approved by the shareholders provides 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

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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 or the remaining directors elected by that voting group are entitled to vote to fill the vacancy. (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. Section 33 . Said chapter is further amended by redesignating Code Section 14-2-831, relating to liability for unlawful distributions, as Code Section 14-2-832. Section 34 . Said chapter is further amended by adding, following Code Section 14-2-830, a new Code Section 14-2-831 to read as follows: 14-2-831. (a) A derivative proceeding, as defined in subsection (a) of Code Section 14-2-740, may be brought by a shareholder, or an action may be brought by the corporation, against one or more directors or officers of the corporation to procure for the benefit of the corporation a judgment for the following relief: (1) To compel the defendant to account for official conduct or to decree any other relief called for by his official conduct in the following cases: (A) The neglect of, failure to perform, or other violation of his duties in the management of the corporation or in the disposition of corporate assets; (B) The acquisition, transfer to others, loss, or waste of corporate assets due to any neglect of, failure to perform, or other violation of duties; or (C) The appropriation, in violation of his duties, of any business opportunity of the corporation;

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(2) To enjoin a proposed unlawful conveyance, assignment, or transfer of corporate assets or other unlawful transaction where there is sufficient evidence that it will be made; and (3) To set aside an unlawful conveyance, assignment, or transfer of corporate assets where the transferee knew of its unlawfulness and is made a party to the action. (b) No action shall be brought for the relief provided in subsection (a) of this Code section more than four years from the time the cause of action accrued. (c) This Code section shall not limit any liability otherwise imposed by law upon any director or officer or any third party. Section 35 . Said chapter is further amended by striking Code Section 14-2-854, relating to court-ordered indemnification and advances for expenses, and inserting in lieu thereof a new Code Section 14-2-854 to read as follows: 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, whether or not he met the standard of 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

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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. Section 36 . Said chapter is further amended by striking Code Section 14-2-856, relating to shareholder approved indemnification, and inserting in lieu thereof a new Code Section 14-2-856 to read as follows: 14-2-856. (a) 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 including a proceeding brought by or in the right of the corporation, without regard to the limitations in other Code sections of this part. (b) 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 14-2-832; or (4) For any transaction from which he received an improper personal benefit. (c) Where approved or authorized in the manner described in subsection (a) of this Code section, a corporation may advance or reimburse expenses incurred in advance of final disposition of the proceeding only if:

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(1) The director furnishes the corporation a written affirmation of his good faith belief that his conduct does not constitute behavior of the kind described in subsection (b) of this Code section; 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 Code section. Section 37 . Said chapter is further amended by striking Code Section 14-2-857, relating to indemnification of officers, employees, and agents, and inserting in lieu thereof a new Code Section 14-2-857 to read as follows: 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; and (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. Section 38 . Said chapter is further amended by striking Code Section 14-2-860, relating to definitions of terms relating to directors' conflicting interest transactions, and inserting in lieu thereof a new Code Section 14-2-860 to read as follows: 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:

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(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 reasonable 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: (i) an entity (other than the corporation) of which the director is a director, general partner, agent, or employee; (ii) a person that controls one or more of the entities specified in division (i) or an entity that is controlled by, or is under common control with, one or more of the entities specified in division (i) of this subparagraph; or (iii) an individual who is a general partner, principal, or employer of the director. (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) The spouse (or a parent or sibling thereof) of the director or a child, grandchild, sibling, parent (or spouse of any thereof), or an individual having the same

Page 978

home 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. Section 39 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-861, relating to judicial action, and inserting in lieu thereof a new subsection (b) to read as follows: (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; or (3) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation.

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Section 40 . Said chapter is further amended by adding, following Code Section 14-2-863, a new Code Section 14-2-864 to read as follows: 14-2-864. (a) As used in this Code section, the term: (1) `Officer' means a person who is not a director and who is holding an office described in the bylaws of the corporation or appointed by the board of directors in accordance with the bylaws of the corporation. (2) `Officer's conflicting interest transaction' means any transaction, other than a director's conflicting interest transaction as defined in paragraph (2) of Code Section 14-2-860, between a corporation (or a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) and one or more of its officers or between a corporation and a related person of an officer. (3) `Related person' of an officer shall have the same meaning with respect to an officer that this term has with respect to a director in paragraph (3) of Code Section 14-2-860. (4) `Required disclosure' with respect to an officer shall have the same meaning as this term has with respect to a director in paragraph (4) of Code Section 14-2-860. (5) `Time of commitment' shall have the same meaning as in paragraph (5) of Code Section 14-2-860. (b) No officer's conflicting interest transaction shall be void or voidable solely because the officer is present at or participates in the meeting of the board of directors or committee thereof which authorizes the contract or transaction. (c) An officer'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 officer or any person with whom or which he has a personal, economic, or other association, if:

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(1) The transaction was approved by the board of directors after required disclosure; (2) The transaction was approved by the shareholders after required disclosure; or (3) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation. Section 41 . Said chapter is further amended by striking subsection (e) of Code Section 14-2-912, relating to share transfers after first refusal by a corporation, and inserting in lieu thereof a new subsection (e) to read as follows: (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 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 participating in the purchase. Section 42 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-915, relating to exercise of compulsory purchase rights, and inserting in lieu thereof a new subsection (b) to read as follows: (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 votes in respect of the shares covered by the notice. Section 43 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-917, relating to court costs and other expenses, and inserting in lieu thereof a new subsection (b) to read as follows:

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(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 purchase offer made before commencement of the proceeding and that the offer was arbitrary, vexatious, or otherwise not made in good faith. Section 44 . Said chapter is further amended by striking Code Section 14-2-921, relating to special terms and powers of directors, and inserting in lieu thereof a new Code Section 14-2-921 to read as follows: 14-2-921. The articles of incorporation or a bylaw adopted by the shareholders 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. Section 45 . Said chapter is further amended by striking subsection (c) of Code Section 14-2-922, relating to elimination of a board of directors, and inserting in lieu thereof a new subsection (c) to read as follows: (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 corporation managed under the direction of, the shareholders;

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(2) Unless the articles of incorporation, bylaws approved by the shareholders, or agreements among the shareholders 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.' Section 46 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-933, relating to shareholder option to dissolve a corporation, and inserting in lieu thereof a new subsection (a) to read as follows: (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

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affairs and begin dissolution proceedings under Code Sections 14-2-1403 through 14-2-1408. Section 47 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-2-1004, relating to voting on amendments by voting groups, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The holders of the outstanding shares of a class are entitled to vote as a separate voting group (unless shareholder voting is not required by virtue of Code Section 14-2-1002) 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; (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

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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 a proposed amendment would not affect a series in any manner described in subsection (a) of this Code section, the holders of shares of that series are not entitled to vote as a separate voting group on the proposed amendment unless the articles of incorporation provide otherwise. Section 48 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-1021, relating to bylaws increasing quorum or voting requirements for shareholders, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Except as provided in Code Section 14-2-1113 or Code Section 14-2-1133, a bylaws 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. Section 49 . Said chapter is further amended by striking subsection (e) of Code Section 14-2-1103, relating to action on a plan of merger or share exchange, and inserting in lieu thereof a new subsection (e) to read as follows: (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 or share exchange to be authorized must be approved by:

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(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. Section 50 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-1105, relating to articles or certificate of merger or share exchange, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In lieu of filing articles of merger or share exchange that set forth the plan of merger or share exchange, the surviving or acquiring 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. Section 51 . Said chapter is further amended by striking Code Section 14-2-1109, relating to mergers or share exchanges with joint-stock or other unincorporated associations or trusts, and inserting in lieu thereof a new Code Section 14-2-1109 to read as follows:

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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 inlcude 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) `Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (3) `Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a joint-stock association or a limited partnership. (4) `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 or limited partnerships, except a joint-stock association or limited partnership formed under the laws of a state or jurisdiction which forbids a merger with a corporation. The corporation or corporations and one or more joint-stock associations or limited partnerships 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

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joint-stock association or the partners of each merging limited partnership, in accordance with their limited partnership agreement and the laws of the state or jurisdiction under which it was formed, 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, or to the partners of each merging limited partnership, if required in accordance with their limited partnership agreement and the laws of the state or jurisdiction under which it was formed, as the case may be. (d) The plan of merger: (1) Must set forth: (A) The name of each corporation and joint-stock association or limited partnership planning to merge and the name of the surviving corporation into which each other corporation and joint-stock association or limited partnership 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 or units in each of the joint-stock associations or limited partnerships 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 of each merging corporation must recommend the plan of merger to the shareholders, in the same manner and to the same extent as provided in Code Section 14-2-1103. In the case of a joint-stock association, the plan of merger shall be submitted to its shareholders in the manner provided in its articles of

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association or other instrument containing the provisions by which it is organized or regulated and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In the case of a limited partnership, the plan of merger shall be submitted to the partners in the manner provided in the limited partnership agreement or laws of the state or jurisdiction 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 or jurisdiction in which it was formed, which relate to the merger. Each limited partnership shall comply with all other provisions of its limited partnership agreement and all provisions of the laws of the state or jurisdiction in which it was formed, which relate to the merger. (f) Each merging corporation and each merging joint-stock association or limited partnership 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 or limited partnership were a corporation. As used in those Code sections, the term: (1) `Corporation' shall be deemed to include each merging joint-stock association or each merging limited partnership. (2) `Directors' shall be deemed to include the directors, trustees, partners, or other persons having comparable responsibility for the management of the business and affairs of each merging joint-stock association or limited partnership. (3) `Shareholder' shall be deemed to include the shareholders of each merging joint-stock association or the partners entitled to vote upon the merger in each merging limited partnership. (4) `Shares' shall be deemed to include shares, memberships, or financial or beneficial interests in each merging joint-stock association or limited partnership.

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(g) Each shareholder of a merging joint-stock association formed under the laws of this state and each limited partner of a merging limited partnership 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 or limited partnership were a domestic corporation. (h) Whenever a joint-stock association is required to execute articles or any other document in the manner required 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. (i) Whenever a limited partnership is required to execute articles or any other document in the manner required by Code Section 14-2-1105, the same shall be executed by at least one general partner of each merging limited partnership. Section 52 . Said chapter is further amended by striking paragraph (7) of Code Section 14-2-1110, relating to definitions of terms relating to business combinations with interested shareholders, and inserting in lieu thereof a new paragraph (7) to read as follows: (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 of 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. Section 53 . Said chapter is further amended by redesignating Article 11A, relating to business combinations with interested shareholders, as Part 3 of Article 11 of said chapter. Section 54 . Said chapter is further amended by striking Code Section 14-2-1131, relating to definitions of terms relating to business combinations with interested shareholders, and inserting in lieu thereof a new Code Section 14-2-1131 to read as follows:

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14-2-1131. For purposes of this part, the definitions contained in Code Section 14-2-1110 shall be applicable with the following exceptions: (1) For purposes of this part, 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 part, `business combination' means: (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

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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 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

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(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 shareholder of the 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 part and Part 2 of this article, 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 part or Part 2 of this article, 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 part, a `resident domestic corporation' means: (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 located in this state which represent 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

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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. Section 55 . Said chapter is further amended by striking subsection (a) of Code Section 14-2-1132, relating to business combinations with interested shareholders, and inserting in lieu thereof a new subsection (a) to read as follows: (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 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

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(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, excluding for purposes of determining the number of shares outstanding those shares owned by (A) persons who are directors or officers of the resident domestic corporation, 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, 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) persons who are directors or officers of the resident domestic corporation, 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. Section 56 . Said chapter is further amended by striking Code Section 14-2-1133, relating to inapplicability of requirements unless specifically provided by corporate bylaws, and inserting in lieu thereof a new Code Section 14-2-1133 to read as follows: 14-2-1133. (a) The requirements of this part 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

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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 part 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 part 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 part will be in addition to the requirements of any bylaw adopted pursuant to Part 2 of this article. (e) Nothing contained in Part 2 of this article 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 Part 2 of this article will be in addition to the requirements of any bylaw adopted pursuant to this part. Section 57 . Said chapter is further amended by striking Code Section 14-2-1201, relating to sale and mortgage of assets not

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requiring shareholder approval, and inserting in lieu thereof a new Code Section 14-2-1201 to read as follows: 14-2-1201. (a) As used in this Code section, the term `insolvent' means: (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. (b) 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: (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 substantially all of a corporation's property if the fair value of the assets as of the date of the most recent available financial information does not exceed two-thirds of the fair value of all of the assets of the corporation, and the annual revenues of the corporation for the most recent fiscal year for which such financial information is available represented or produced by such assets do not exceed two-thirds of the total revenues of the corporation

Page 997

for that period. This subsection is intended merely to create an irrebuttable presumption with respect to transactions described in this subsection and shall not create any inference that the sale of assets exceeding the amounts described in this subsection is the sale of substantially all of the property of the corporation. (c) Unless the articles of incorporation require it, approval by the shareholders of a transaction described in subsection (b) of this Code section is not required. Section 58 . Said chapter is further amended by striking Code Section 14-2-1302, relating to the right to dissent, and inserting in lieu thereof a new Code Section 14-2-1302 to read as follows: 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; (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;

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(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; or (5) Any corporate action taken pursuant to a shareholder vote to the extent that Article 9 of this chapter, 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 corporate action fails to comply with procedural requirements of this chapter or the articles of incorporation or bylaws of the corporation or the vote required to obtain approval of the corporate action was obtained by fraudulent and deceptive means, regardless of whether the shareholder has exercised dissenter's rights.

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(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 corporation 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. Section 59 . Said chapter is further amended by adding at the end of Code Section 14-2-1325, relating to offers of payment, a new subsection (c) to read as follows: (c) If the shareholder accepts the corporation's offer by written notice to the corporation within 30 days after the corporation's offer, payment for his shares shall be made within 60 days after the making of the offer or the taking of the proposed action, whichever is later. Section 60 . Said chapter is further amended by adding at the end of Code Section 14-2-1327, relating to procedure if a shareholder is dissatisfied with payment or an offer, a new subsection (c) to read as follows: (c) If the corporation does not offer payment within the time set forth in subsection (a) of Code Section 14-2-1325:

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(1) The shareholder may demand the information required under subsection (b) of Code Section 14-2-1325, and the corporation shall provide the information to the shareholder within ten days after receipt of a written demand for the information; and (2) The shareholder may at any time, subject to the limitations period of Code Section 14-2-1332, notify the corporation of his own estimate of the fair value of his shares and the amount of interest due and demand payment of his estimate of the fair value of his shares and interest due. Section 61 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-1330, relating to court actions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The corporation shall commence the proceeding, which shall be a nonjury equitable valuation 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. Section 62 . Said chapter is further amended by striking subsections (c) and (e) of Code Section 14-2-1404, relating to revocation of dissolution proceedings, and inserting in lieu thereof new subsections (c) and (e) to read as follows: (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 date that the revocation of dissolution proceedings was authorized; (3) If the corporation's board of directors or incorporators revoked the dissolution proceedings, a statement to that effect;

Page 1001

(4) If the corporation's board of directors revoked the dissolution proceedings authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and (5) If shareholder action was required to revoke the dissolution proceedings, the information required by paragraph (3) of Code Section 14-2-1403. (e) When the revocation of dissolution proceedings is effective, it relates back to and takes effect as of the effective date of the filing of the notice of intent to dissolve and the corporation resumes carrying on its business as if dissolution proceedings had never occurred. Section 63 . Said chapter is further amended by striking subsection (b) of Code Section 14-2-1408, relating to articles of dissolution, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Upon filing of articles of dissolution the corporation shall cease to exist, except for the purpose of actions or other proceedings, which may be brought against the corporation by service upon any of its last executive officers named in its last annual registration, 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. Section 64 . Said chapter is further amended by striking subsection (c) of Code Section 14-2-1409, relating to revival of a corporation after dissolution by expiration of the period of duration, and inserting in lieu thereof a new subsection (c) to read as follows: (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.

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Section 65 . Said chapter is further amended by striking Code Section 14-2-1420, relating to grounds for administrative dissolution, and inserting in lieu thereof a new Code Section 14-2-1420 to read as follows: 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 a license or occupation 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 license and occupation taxes and penalties by the corporation; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution; (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. Section 66 . Said chapter is further amended by striking Code Section 14-2-1430, relating to grounds for judicial dissolution, and inserting in lieu thereof a new Code Section 14-2-1430 to read as follows: 14-2-1430. The superior court may dissolve a corporation:

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(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: (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 would 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

Page 1004

(B) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or (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. Part 2 Section 67 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the Financial Institutions Code of Georgia, is amended by striking Code Section 7-1-260, relating to general corporate powers, and inserting in lieu thereof a new Code Section 7-1-260 to read as follows: 7-1-260. Subject to restrictions contained in this chapter or in its articles, a bank or trust company shall have the power: (1) To have perpetual duration unless a limited period of duration is stated in its articles. Each bank or trust company existing on April 1, 1975, shall have perpetual duration unless its articles are amended under this chapter to provide for a limited period of duration; (2) To sue and be sued, complain and defend in its corporate name; (3) To have a corporate seal, which may be altered at pleasure, and to use the same by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced; (4) To adopt, alter, and repeal bylaws pursuant to the procedures of Code Section 7-1-481 containing provisions for the regulation and management of affairs of the institution not inconsistent with law or its articles;

Page 1005

(5) To elect or appoint and remove officers and agents of the institution and to define their duties and fix their compensation; (6) To make contracts; (7) To make, irrespective of corporate benefit, contributions and donations for the public welfare or for religious, charitable, scientific, educational, hospital, civic, or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto; (8) At the request or direction of the United States government or any public body thereof, to transact lawful business in time of war or national emergency in aid of the national effort in connection therewith; (9) To procure, for its benefit, insurance on the life of any of its directors, officers, or employees or any other person whose death might cause financial loss to the bank or trust company; or, pursuant to any contract lawfully obligating the bank or trust company as guarantor or surety, on the life of the principal obligor; and (10) To reimburse and indemnify litigation expenses of directors, officers, and employees pursuant to agreements with them or otherwise and to purchase and maintain liability insurance for their benefit to the same extent as a business corporation may do so pursuant to Part 5 of Article 8 of Chapter 2 of Title 14, relating to indemnification. Section 68 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-537, relating to rights of dissenting shareholders, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A shareholder of a bank or trust company which is a party to a plan of proposed merger or consolidation under this part who objects to the plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under Article 13 of Chapter 2 of Title 14, relating to the rights of dissenting shareholders.

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Section 69 . Said chapter is further amended by striking Code Section 7-1-572, relating to rights of shareholders to dissent, and inserting in lieu thereof a new Code Section 7-1-572 to read as follows: 7-1-572. A shareholder of a bank or trust company shall have the right to dissent from any sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of a bank or trust company pursuant to Code Section 7-1-571, except for a sale wholly for cash where the shareholders' approval thereof is conditional upon the distribution of all, or substantially all, of the net proceeds of the sale to the shareholders in accordance with their respective interests within one year after the date of the sale. The shareholders' right of dissent shall be exercised as provided in Article 13 of Chapter 2 of Title 14, relating to the rights of dissenting shareholders. Section 70 . Said chapter is further amended by striking Code Section 7-1-712, relating to the application of certain laws to international banking corporations and bank agencies, and inserting in lieu thereof a new Code Section 7-1-712 to read as follows: 7-1-712. Notwithstanding the definition of the term `foreign corporation' appearing in paragraph (10) of Code Section 14-2-140, all of the provisions of Article 15 of Chapter 2 of Title 14, relating to foreign corporations, shall apply to all international bank agencies doing business in this state, except that references therein to the Secretary of State should be construed as references to the department. Section 71 . Said chapter is further amended by striking Code Section 7-1-744, relating to certification by the Secretary of State, and inserting in lieu thereof a new Code Section 7-1-744 to read as follows: 7-1-744. 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 file the same in accordance with Code Section 14-2-125. Section 72 . Said chapter is further amended by striking subsection (d) of Code Section 7-1-749, relating to powers of shareholders

Page 1007

and members and voting, and inserting in lieu thereof a new subsection (d) to read as follows: (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 14-2-620, except that this subsection does not affect the obligation of a member to lend funds to the corporation pursuant to valid call. Section 73 . Said chapter is further amended by striking Code Section 7-1-944, relating to filing departmental approvals with the Secretary of State and issuance of certificates, and inserting in lieu thereof a new Code Section 7-1-944 to read as follows: 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 file the same in accordance with Code Section 14-2-125. Section 74 . Said chapter is further amended by striking subsection (d) of Code Section 7-1-949, relating to powers of shareholders and members, and inserting in lieu thereof a new subsection (d) to read as follows: (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 14-2-622, except that this subsection does not affect the obligation of a member to lend funds to the corporation pursuant to valid call. Section 75 . Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to

Page 1008

enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and, if necessary, from the shareholders such actions as he desires and the reasons for his failure to obtain such action or the reasons for not making such effort. This Code section is cumulative of Code Section 14-2-831. Section 76 . Chapter 3 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Nonprofit Corporation Code, is amended by striking Code Section 14-3-4, relating to execution of documents and corporate seals, and inserting in lieu thereof a new Code Section 14-3-4 to read as follows: 14-3-4. Unless this chapter provides otherwise with respect to a particular document, the execution of corporate documents and the use and effect of the corporate seal shall be governed by Code Section 14-2-120. Section 77 . Said chapter is further amended by striking Code Section 14-3-5, relating to filing and correction of documents, and inserting in lieu thereof a new Code Section 14-3-5 to read as follows: 14-3-5. Whenever this chapter requires any document to be delivered for filing as provided in this chapter, unless otherwise specifically stated in this chapter and subject to any additional provisions of this chapter, such requirement shall have the meaning prescribed in Code Sections 14-2-120 through 14-2-125. Section 78 . Said chapter is further amended by striking Code Section 14-3-22, relating to the defense of ultra vires, and inserting in lieu thereof a new Code Section 14-3-22 to read as follows: 14-3-22. Code Section 14-2-304 shall apply equally to nonprofit corporations under this chapter. Section 79 . Said chapter is further amended by striking Code Section 14-3-41, relating to reservation of a corporate name, and

Page 1009

inserting in lieu thereof a new Code Section 14-3-41 to read as follows: 14-3-41. Code Section 14-2-402 shall apply equally to corporations which are subject to this chapter. Section 80 . Said chapter is further amended by striking Code Section 14-3-60, relating to registered offices and registered agents, and inserting in lieu thereof a new Code Section 14-3-60 to read as follows: 14-3-60. Code Section 14-2-501 shall apply equally to corporations which are subject to this chapter. Section 81 . Said chapter is further amended by striking Code Section 14-3-61, relating to change of registered office or registered agent, and inserting in lieu thereof a new Code Section 14-3-61 to read as follows: 14-3-61. A corporation may change its registered office or change its registered agent or agents, or both, by complying with Code Section 14-2-502. All other provisions of Code Section 14-2-502 shall apply equally to corporations which are subject to this chapter. Section 82 . Said chapter is further amended by striking Code Section 14-3-62, relating to service of process, notice, or demand on corporations, and inserting in lieu thereof a new Code Section 14-3-62 to read as follows: 14-3-62. Code Section 14-2-504 shall apply equally to corporations which are subject to this chapter. Section 83 . Said chapter is further amended by striking Code Section 14-3-63, relating to venue, and inserting in lieu thereof a new Code Section 14-3-63 to read as follows: 14-3-63. Code Section 14-2-510 shall apply equally to corporations which are subject to this chapter. Section 84 . Said chapter is further amended by striking Code Section 14-3-83, relating to effect where articles of incorporation or bylaws require a vote of a greater number of shares, and inserting in lieu thereof a new Code Section 14-3-83 to read as follows:

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14-3-83. Code Section 14-2-727 shall apply equally to corporations which are subject to this chapter. Section 85 . Said chapter is further amended by striking Code Section 14-3-106, relating to meetings and notice thereof, and inserting in lieu thereof a new Code Section 14-3-106 to read as follows: 14-3-106. Code Section 14-2-820 shall apply equally to corporations which are subject to this chapter. Section 86 . Said chapter is further amended by striking Code Section 14-3-107, relating to action without a meeting, and inserting in lieu thereof a new Code Section 14-3-107 to read as follows: 14-3-107. Code Section 14-2-821 shall apply equally to corporations which are subject to this chapter. Section 87 . Said chapter is further amended by striking Code Section 14-3-110, relating to indemnification of officers, directors, employees, and agents and insurance, and inserting in lieu thereof a new Code Section 14-3-110 to read as follows: 14-3-110. A nonprofit corporation shall have power to indemnify its officers, directors, employees, and agents and to purchase and maintain liability insurance on their behalf, to the extent provided in and subject to the limitations of Code Sections 14-2-850 through 14-2-859. Section 88 . Said chapter is further amended by striking Code Section 14-3-132, relating to filing articles of incorporation and a certificate of corporate name, payment of fees, and publication of notice, and inserting in lieu thereof a new Code Section 14-3-132 to read as follows: 14-3-132. Code Sections 14-2-201.1 and 14-2-203 shall apply equally to the organization of corporations under this chapter, except that the letter to the newspaper publisher shall be in substantially the following form:

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(Name and address of the newspaper designated by the incorporator or incorporators or his or their representative) Dear Sirs: You are requested to publish, four times, a notice in the following form: `(name of corporation) has been duly incorporated on, 19(month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of incorporation by the Secretary of State, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code. The initial registered office of the corporation is located at(address of registered office) and its initial registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' Enclosed is a (check, draft, or money order) in the amount of $40.00 in payment of the cost of publishing this notice. Very truly yours, (Name and address of incorporator or incorporators or his or their representative). Section 89 . Said chapter is further amended by striking Code Section 14-3-133, relating to the evidentiary effect of the issuance of a certificate of incorporation, and inserting in lieu thereof a new Code Section 14-3-133 to read as follows: 14-3-133. Code Section 14-2-127 shall apply equally to corporations organized under this chapter. Section 90 . Said chapter is further amended by striking Code Section 14-3-136, relating to emergency bylaws and powers, and inserting in lieu thereof a new Code Section 14-3-136 to read as follows:

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14-3-136. Code Section 14-2-303 shall apply equally to corporations which are subject to this chapter. Section 91 . Said chapter is further amended by striking Code Section 14-3-154, relating to when an amendment of articles of incorporation becomes effective, and inserting in lieu thereof a new Code Section 14-3-154 to read as follows: 14-3-154. Code Sections 14-2-123 and 14-2-1009 shall apply equally to corporations which are subject to this chapter. Section 92 . Said chapter is further amended by striking subsection (f) of Code Section 14-3-155, relating to restated articles of incorporation, and inserting in lieu thereof a new subsection (f) to read as follows: (f) The corporation shall deliver the original restated articles of incorporation and a conformed copy of said restated articles to the Secretary of State as provided for in Code Section 14-2-1007 and shall comply with Code Sections 14-2-120 and 14-2-122 and the Secretary of State shall comply with the requirements of Code Section 14-2-125, except that, if subsection (c) of this Code section is applicable, the letter to the newspaper publisher shall be substantially in the form provided in subsection (b) of Code Section 14-2-1006.1. Section 93 . Said chapter is further amended by striking subsection (c) of Code Section 14-3-173, relating to articles of merger or consolidation, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The merging or consolidating corporations shall deliver the articles of merger or the articles of consolidation to the Secretary of State for filing as provided in Code Section 14-2-1105.1 and shall comply with all the provisions of Code Section 14-2-1105.1, except that the letter to the newspaper publisher shall be in substantially the following form:

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(Name and address of the newspaper designated by the merging or consolidating corporations) Dear Sirs: You are requested to publish, four times, a notice in the following form: `A (merger) (consolidation) (has been) (will be) effected by and between(name and state of incorporation of each of the constituent corporations) on, 19(month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of (merger) (consolidation) by the Secretary of State, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code. The name of the (surviving corporation in the merger (is) (will be)) (new corporation resulting from the consolidation (is) (will be)) (set forth the name and state of incorporation of the surviving corporation or new corporation, as the case may be), the registered office of which (is) (will be) located at(address of registered office).' Enclosed in a (check, draft, or money order) in the amount of $40.00 in payment of the cost of publishing this notice. Very truly yours, (Name and address of merging or consolidating corporations or their representative). Section 94 . Said chapter is further amended by striking Code Section 14-3-174, relating to the effect of a merger or consolidation, and inserting in lieu thereof a new Code Section 14-3-174 to read as follows: 14-3-174. Code Section 14-2-1106 shall apply equally to corporations which are subject to this chapter.

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Section 95 . Said chapter is further amended by striking subsections (c) and (d) of Code Section 14-3-211, relating to dissolution after conducting affairs, and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) Upon the adoption by the members or by the board of directors, as the case may be, of a resolution to dissolve the corporation, a statement of intent to dissolve shall be executed by the corporation as provided in Code Sections 14-2-120 and 14-3-4, which statement shall set forth: (1) The name of the corporation and its date and county of incorporation; (2) The names and respective addresses of its officers; (3) The names and respective addresses of its directors, if any; (4) A copy of the resolution adopted by the members or by the board of directors authorizing the dissolution of the corporation; and (5) The membership vote required to adopt the resolution to dissolve the corporation, the total number of members entitled to vote, the number of members present at the meeting or represented by proxy and entitled to vote, the vote for the resolution, and, if any members of any class are entitled to vote as a class, the designation and number of the members of each such class and the vote of each such class for the resolution. (d) The statement of intent to dissolve, whether by the members or by the board of directors, shall be delivered to the Secretary of State for filing as provided in Code Sections 14-2-120 through 14-2-125 and 14-3-5. Section 96 . Said chapter is further amended by striking Code Section 14-3-217, relating to involuntary dissolution by the Secretary of State, and inserting in lieu thereof a new Code Section 14-3-217 to read as follows:

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14-3-217. Code Sections 14-2-1420 through 14-2-1422 shall apply equally to corporations which are subject to this chapter. Section 97 . Said chapter is further amended by striking Code Section 14-3-218, relating to dissolution by a decree of a superior court in an action by the Attorney General, and inserting in lieu thereof a new Code Section 14-3-218 to read as follows: 14-3-218. Paragraph (1) of Code Section 14-2-1430 and subsections (a) and (b) of Code Section 14-2-1431 shall apply equally to corporations which are subject to this chapter. Section 98 . Said chapter is further amended by striking Code Section 14-3-222, relating to filing of claims by creditors, and inserting in lieu thereof a new Code Section 14-3-222 to read as follows: 14-3-222. Code Sections 14-2-1406 and 14-2-1407 shall apply equally to corporations which are subject to this chapter. Section 99 . Said chapter is further amended by striking Code Section 14-3-225, relating to filing and notice of a decree dissolving a corporation and the fee therefor, and inserting in lieu thereof a new Code Section 14-3-225 to read as follows: 14-3-225. Code Section 14-2-1433 shall apply equally to corporations which are subject to this chapter. Section 100 . Said chapter is further amended by striking Code Section 14-3-228, relating to revival of corporate existence after dissolution by expiration of the period of duration, and inserting in lieu thereof a new Code Section 14-3-228 to read as follows: 14-3-228. Subsection (a) of Code Section 14-2-1409 shall apply equally to corporations which are subject to this chapter. Section 101 . Said chapter is further amended by striking Code Section 14-3-229, relating to revival of corporate existence more than ten years after dissolution by expiration of the period of duration, and inserting in lieu thereof a new Code Section 14-3-229 to read as follows:

Page 1016

14-3-229. (a) 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 (b) of Code Section 14-2-1409 and Code Section 14-3-228, such corporation may thereafter revive its corporate existence by amending its articles of incorporation at any time during the period beginning ten years immediately following the expiration date fixed by its articles of incorporation so as to extend its period of duration, provided the Secretary of State is satisfied: (1) That the corporation has continued in operation, in ignorance of 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 insolvent since such expiration date; and (3) That the revival will not injure the corporation's creditors, the public, or the corporation's members. As of the effective date of the amendment, the corporate existence shall be deemed to have continued without interruption from such expiration date. If during the period between the expiration date and revival, the name of the corporation has been assumed, reserved, or registered by any other person or corporation, the revival shall not be authorized unless such articles of amendment extending the period of duration include an amendment to the articles of incorporation to change the name to a corporate name that is available in accordance with Code Section 14-3-41. (b) In addition to the items specified by subsection (b) of Code Section 14-3-153, a corporation whose corporate existence is to be revived pursuant to subsection (a) of this Code section shall cause to be delivered to the Secretary of State, together with the articles of amendment extending its period of duration, an affidavit attested by its officers and by all members of its board of directors stating as follows: (1) That the corporation continued in operation, in ignorance of the expiration of its period of duration, at all

Page 1017

times after the expiration date fixed by its articles of incorporation; (2) That the corporation has not been insolvent since such expiration date; and (3) That the corporation's revival will not injure its creditors, the public, or the corporation's members. (c) As of the effective date of the amendment of articles of incorporation pursuant to 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. Section 102 . Said chapter is further amended by striking Code Section 14-3-258, relating to application of Chapter 3 of Title 14 to undomesticated foreign corporations authorized to conduct affairs in this state under a prior law, and inserting in lieu thereof a new Code Section 14-3-258 to read as follows: 14-3-258. Undomesticated foreign corporations which have complied with Ga. L. 1946, p. 687, Section 1, as of April 1, 1969, and which pursue in this state a purpose or purposes for which a corporation might secure a certificate of authority under this chapter shall be entitled to all the rights and privileges applicable to foreign corporations procuring certificates of authority to conduct affairs in this state under this chapter; and as of April 1, 1969, each corporation shall be subject to all the limitations, restrictions, liabilities, and duties prescribed in this chapter for foreign corporations procuring certificates of authority to conduct affairs in this state under this chapter. Section 103 . Said chapter is further amended by striking Code Section 14-3-292, relating to miscellaneous charges, which reads as follows: 14-3-292. Code Section 14-2-372 shall apply equally to corporations which are subject to this chapter.

Page 1018

and inserting in lieu thereof the following: 14-3-292. Reserved. Section 104 . Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to Secretary of State corporations, is amended by striking Code Section 14-4-140, relating to merger or consolidation of corporations incorporated by the Secretary of State, and inserting in lieu thereof a new Code Section 14-4-140 to read as follows: 14-4-140. Any two or more corporations incorporated by the Secretary of State under the laws of this state, except banks and trust companies, may merge or consolidate into a single corporation in the manner set forth in Article 11 of Chapter 2 of this title, relating to merger and consolidation. Section 105 . Said chapter is further amended by striking Code Section 14-4-141, relating to merger or consolidation of corporations chartered by the Secretary of State with domestic corporations incorporated under Chapter 2 of Title 14, and inserting in lieu thereof a new Code Section 14-4-141 to read as follows: 14-4-141. A corporation which has received its charter from the Secretary of State, other than a bank or trust company, may merge or consolidate with a domestic corporation or corporations governed by Chapter 2 of this title in accordance with Code Section 14-2-1108. Section 106 . Said chapter is further amended by striking Code Section 14-4-142, relating to merger or consolidation of corporations chartered by the Secretary of State with foreign corporations, and inserting in lieu thereof a new Code Section 14-4-142 to read as follows: 14-4-142. A corporation which has received its charter from the Secretary of State, other than a bank or trust company, may merge or consolidate with one or more foreign corporations in accordance with Code Section 14-2-1107. Section 107 . Chapter 7 of Title 14 of the Official Code of Georgia Annotated, known as the Georgia Professional Corporation Act, is amended by striking subsection (c) of Code Section 14-7-5,

Page 1019

relating to stock, and inserting in lieu thereof a new subsection (c) to read as follows: (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 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 Code Section 14-2-1327. 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. Section 108 . Said chapter is further amended by striking Code Section 14-7-6, relating to names of professional corporations, and inserting in lieu thereof a new Code Section 14-7-6 to read as follows:

Page 1020

14-7-6. The name of a professional corporation shall satisfy the requirements of Code Section 14-2-401; provided, however, that, in lieu of the use of a word or abbreviation as required by paragraph (1) of subsection (a) of that Code section, the word `associated,' the phrase `professional association,' the phrase `professional corporation,' or an abbreviation of any of them may be used. Section 109 . Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, is amended by striking paragraph (12) of subsection (d) of said Code Section and inserting in lieu thereof a new paragraph (12) to read as follows: (12) Filing incorporation proceedings except for corporations for which filing procedures are governed by Chapter 2 of Title 14: (A) Articles of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Code Section 46-5-100 20.00

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Section 110 . Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, is amended by striking subsection (g) of Code Section 16-14-15, relating to acquisition of record of real property by alien corporations, and inserting in lieu thereof a new subsection (g) to read as follows: (g) The filing of a report by a corporation as required by subsection (c) of this Code section shall be solely for the purposes of this chapter and, notwithstanding Code Section 14-2-510 or any other relevant law, shall not be used as a determination of whether the corporation is actually doing business in this state. Section 111 . Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the Disposition of Unclaimed Property Act, is amended by striking Code Section 44-12-196, relating to when undistributed dividends and distributions of business associations are presumed to be abandoned, and inserting in lieu thereof a new Code Section 44-12-196 to read as follows: 44-12-196. (a) Any stock or other certificate of ownership or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder, or other securityholder or a participating patron of a cooperative who has not claimed it nor corresponded in writing with the business association concerning it within seven years after the date prescribed for payment or delivery is presumed abandoned if: (1) It is held or owing by a business association organized under the laws of or created in this state; or (2) It is held or owing by a business association which does business in this state but is not organized under the laws of this state or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in this state. (b) If a corporation has declared a cash dividend on any shares, or any other distribution payable in cash, or has sold fractional shares or scrip for the account of a shareholder and has mailed to a shareholder at his address appearing on the records of

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the corporation a valid check in the amount of the dividend or other distribution or the proceeds of such sale to which such shareholder is entitled, and such check would have been honored if duly presented to the bank on which it is drawn, no action for the recovery of such dividend or other distribution or the amount thereof shall be brought by the shareholder or other person entitled thereto more than seven years after the date of mailing the check. Section 112 . Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the Rural Telephone Cooperative Act, is amended by striking Code Section 46-5-100, relating to fees, and inserting in lieu thereof a new Code Section 46-5-100 to read as follows: 46-5-100. (a) Each cooperative shall be charged by the clerk of superior court the fees specified in paragraph (12) of subsection (d) of Code Section 15-6-77 for the filing of incorporation proceedings. (b) Each cooperative shall be charged by the Secretary of State the fees specified in Code Section 14-2-122 for the filing of documents and issuance of certificates. Section 113 . Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to railroad companies, is amended by striking Code Section 46-8-4, relating to the applicability of laws relating to dissolution of corporations to railraod companies, and inserting in lieu thereof a new Code Section 46-8-4 to read as follows: 46-8-4. The provisions of Article 14 of Chapter 2 of Title 14 shall be applicable to railroad corporations dissolved under this chapter. Section 114 . Said chapter is further amended by striking Code Section 46-8-51, relating to indemnification by railroad corporations of directors, officers, and others, and inserting in lieu thereof a new Code Section 46-8-51 to read as follows: 46-8-51. (a) A railroad corporation shall have power to indemnify persons, to advance expenses prior to final disposition, and to insure against liabilities and expenses of any proceeding to the full extent permitted by Code Sections 14-2-850

Page 1023

through 14-2-859; provided, however, that such corporation shall comply with the requirements of Code Section 14-2-1621 with respect to reports of such payments to shareholders. (b) The charter or articles of incorporation of a railroad corporation may, as a matter of election, also set forth a provision eliminating or limiting the personal liability of a director to the railroad corporation or its shareholders 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: (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 14-2-832; or (4) For any transaction from which the director derived an improper personal benefit. No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective. Section 115 . Chapter 10 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia Development Authority Act, is amended by striking subsection (b) of Code Section 50-10-4, relating to the purpose and powers of the Georgia Development Authority, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The corporate powers of the authority shall be those provided in this chapter and those additional powers provided in the introductory clause and in paragraphs (1) through (5), (7), (10), and (11) of Code Section 14-2-302 and in Code Section 14-2-825. Section 116 . Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended by striking Code

Page 1024

Section 53-12-57, relating to initial and annual returns, and inserting in lieu thereof a new Code Section 53-12-57 to read as follows: 53-12-57. Each trust created pursuant to this part shall make a return to the Secretary of State, upon the creation of the trust and annually thereafter, in the same manner and embracing the same information, insofar as applicable, as returns by corporations which are required to be made under Articles 1 and 16 of Chapter 2 of Title 14, including the provisions with regard to fees, penalty for noncompliance, and recording and certifying of copies of the returns. Section 117 . Said chapter is further amended by striking Code Section 53-12-59, relating to merger of a trust into a domestic corporation, and inserting in lieu thereof a new Code Section 53-12-59 to read as follows: 53-12-59. (a) Any trust created pursuant to this part may be merged into a domestic corporation for profit organized under the laws of this state and subject to Title 14 if the deed creating the trust expressly authorizes the merger. (b) With respect to the required procedure for the merger and the rights of dissenting shareholders: (1) The trust shall comply with any applicable provisions of the deed creating the trust and with the following Code sections, as if the trust were a domestic corporation: (A) Subsection (b) of Code Section 14-2-1103, relating to director approval of a plan of merger, as if the trustee or trustees of the trust were a board of directors of a domestic corporation; (B) Subsections (c) through (i) of Code Section 14-2-1103, relating to shareholder approval, and Code Sections 14-2-1301 through 14-2-1332, relating to rights of dissenting shareholders, as if the holders of certificates of beneficial interest in the trust were shareholders of a domestic corporation; and (C) Code Sections 14-2-1105 and 14-2-1105.1, relating to execution of articles of merger and filing of

Page 1025

the article, together with other required documents, with the Secretary of State; and (2) The domestic corporation into which the trust is merged shall comply with the provisions of Title 14 relating to the merger of domestic corporations, in the same manner as if the trust being merged into it were a domestic corporation. (c) Upon compliance with the requirements of this Code section and the filing of articles of merger providing for a merger of the trust into a domestic corporation in the manner provided in Code Sections 14-2-1105 and 14-2-1105.1, the Secretary of State shall treat the merger as if it were a merger of corporations under Code Sections 14-2-1105 and 14-2-1105.1. (d) If the Secretary of State issues a certificate of merger, the merger shall become effective as of the time of delivery to the Secretary of State of the articles of merger so certified, as provided in Code Section 14-2-1105, or at such later time and date as the articles specify, not to exceed 60 days from the date of delivery of the articles to the Secretary of State. When the merger has become effective: (1) The trust and the domestic corporation into which the trust is merged shall be a single domestic corporation; (2) The separate existence of the trust shall cease; (3) The domestic corporation shall continue to have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under Title 14; (4) The domestic corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, of a public as well as of a private nature, of the trust; and all property, real, personal, and mixed, all debts due on whatever account, including subscriptions to shares, all other choses in action, and all and every other interest of or belonging to or due to the trust shall be taken and deemed to be transferred to and vested in the domestic corporation without further act or deed; and the title to any real property

Page 1026

or any interest therein vested in the trust shall not revert or be in any way impaired by reason of the merger; (5) The domestic corporation shall thenceforth be responsible and liable for all the liabilities and obligations of the trust. Any claim existing or action or proceeding pending by or against the trust may be prosecuted as if the merger had not taken place, or the domestic corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the trust shall be impaired by the merger; and (6) The articles of incorporation of the domestic corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. Section 118 . Said chapter is further amended by striking Code Section 53-12-121, relating to amendment of articles of incorporation of private foundations, and inserting in lieu thereof a new Code Section 53-12-121 to read as follows: 53-12-121. Any corporation which is a `private foundation' (as defined in Section 509 of the Internal Revenue Code) may amend its articles of incorporation expressly to exclude the application of Code Section 53-12-120 or any portion thereof, in the manner provided by Article 10 of Chapter 2 of Title 14 or Article 8 of Chapter 3 of Title 14, whichever is applicable. Section 119 . This Act shall become effective on July 1, 1989. Section 120 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONSFILING OF DOCUMENTS, REGISTRATIONS, AND REPORTS WITH THE SECRETARY OF STATE. Code Title 14, Chapters 3, 4, 5, and 10 Amended. No. 568 (House Bill No. 336). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to the filing of documents, registrations, and reports with the Secretary of State; to provide for notice and the giving of notice; to provide for time periods and requirements related thereto; to change the provisions relating to certificates and certified copies as evidence; to provide for certificates of existence; to change the provisions relating to the powers of the General Assembly; to change the provisions relating to corporate names of nonprofit corporations; to provide for resignation of registered agents and the effect thereof; to provide for persons who may act as incorporators; to change the provisions relating to filing articles of amendment and certificates of corporate name; to provide for publication of notices; to provide for appeals from denial of reinstatement; to change the provisions relating to certificates of authority and applications for such certificates; to provide for the effect of certificates of authority; to change the provisions relating to registered offices and registered agents; to change the provisions relating to service of process, notice, or demands; to provide for amended certificates of authority; to provide for withdrawal from the state by foreign corporations; to change the provisions relating to revocation of certificates of authority; to provide for the procedure for and effect of revocation of a certificate of authority; to provide for appeals from revocation; to repeal provisions relating to applications for reinstatement; to repeal provisions relating to certificates of revocation; to change the provisions relating to conducting affairs without a certificate of authority; to change the provisions relating to annual registrations; to change the provisions relating to fees and penalties; to change the provisions relating to the powers of the Secretary of State generally; to provide for appeals from actions of the Secretary of State; to change the

Page 1028

provisions relating to penalties; to provide for penalties for signing a false document and to prohibit such conduct; to change certain provisions relating to Secretary of State corporations; to change the provisions relating to forfeiture of a charter of such a corporation; to change the provisions relating to annual reports; to provide for annual registrations; to repeal the provisions relating to penalties for failure to report; to repeal the provisions relating to filing of reports by the Secretary of State and correction of improper reports; to change the provisions relating to fees of the Secretary of State for filing documents and issuing certificates; to provide for actions by domestic corporations which are not otherwise subject to or regulated by Chapter 2 or Chapter 3 of Title 14; to require certain domestic and foreign corporations to file annual registrations and to provide for the requirements and penalties related thereto; to repeal certain provisions relating to annual reports of professional associations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by adding, following Code Section 14-3-3, a new Code Section 14-3-3.1 to read as follows: 14-3-3.1. (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 communications; 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 or member, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the shareholder's or member's address shown in the corporation's current record of shareholders or members. If the corporation has more than 500 shareholders or

Page 1029

members 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. (d) Written notice to a domestic corporation or a 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 subsection (c) of this Code section, written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received, or when delivered, properly addressed, to the addressee's last known principal place of business or residence; (2) Five days after its deposit in the mail, as evidenced by the postmark, or such longer period as shall be provided in the articles of incorporation or bylaws, 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.

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Section 2 . Said title is further amended by striking Code Section 14-3-6, relating to certificates and certified copies to be received in evidence and certification of documents by the Secretary of State, which reads as follows: 14-3-6. (a) All certificates issued by the Secretary of State in accordance with this chapter and all copies of documents filed in his office in accordance with this chapter, when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima-facie evidence of the facts therein stated. A certificate by the Secretary of State under the seal of his office as to the existence or nonexistence of facts relating to corporations shall be taken and received in all courts, public offices, and official bodies as prima-facie evidence of the existence or nonexistence of the facts therein stated. (b) The Secretary of State, at any time upon the request of any person, shall make and certify additional copies of any document filed with his office and of the certificate, if any, issued by the Secretary of State in connection with the filing of said document under this chapter, upon payment to him of the fee provided for in Code Section 14-3-292., and inserting in lieu thereof a new Code Section 14-3-6 to read as follows: 14-3-6. 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. Section 3 . Said title is further amended by adding, following Code Section 14-3-6, a new Code Section 14-3-6.1 to read as follows: 14-3-6.1. (a) Any person may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. (b) A certificate of existence or authorization sets forth:

Page 1031

(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 14-3-270 has been delivered to the Secretary of State; and (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. Section 4 . Said title is further amended by striking Code Section 14-3-7, relating to reservation of the power of the General Assembly, which reads as follows: 14-3-7. The General Assembly shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions, and limitations shall be binding upon any and all corporations that are subject to this chapter, and the General Assembly shall have power to amend, repeal, or modify this chapter at its pleasure., and inserting in lieu thereof a new Code Section 14-3-7 to read as follows: 14-3-7. 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. Section 5 . Said title is further amended by striking Code Section 14-3-40, relating to corporate names generally, which reads as follows:

Page 1032

14-3-40. (a) The corporate name shall be written in Roman or cursive letters or in Arabic or Roman numerals and: (1) Shall contain the word `corporation,' `company,' `incorporated,' or `limited' or shall contain an abbreviation of one of such words; (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation; (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization, unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; or (C) Anything which, in the reasonable judgment of the Secretary of State, is obscene; (3) Shall be distinguishable from: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in this chapter or in Chapter 2 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in Code Section 14-2-42; or

Page 1033

(E) Any name prohibited by any other law of this state; and (4) Shall not in any instance exceed 80 characters, including spaces and punctuation. (b) Nothing in this Code section shall: (1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corporation has consented to such use and the name of the second corporation contains other words or characters which distinguish it from the name of the first corporation; or (2) Require any corporation existing on April 1, 1969, to add to, modify, or otherwise change its corporate name. (c) Any domestic corporation which is precluded from using its corporate name in another state because such name is the same as or confusingly similar to that of a corporation already authorized to transact business therein, or to a name already reserved or registered in such state, may amend its articles of incorporation to add to its corporate name, solely for use in such other state, a word, abbreviation, or other distinctive and distinguishing element, such as, for example, the state of its incorporation in parentheses, as may be necessary to resolve any reasonable confusion between the two names. Such amendment shall set forth the state or states to which it shall apply; the corporate name, with such additions, shall be the name of the corporation in such other state or states and shall be used in all of its dealings with the officials of such state or states and in the conduct of its business and affairs in such state or states., and inserting in lieu thereof a new Code Section 14-3-40 to read as follows: 14-3-40. (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 a language other than English;

Page 1034

(2) May not contain language stating or implying that the corporation is organized for a purpose other than that permitted by its articles of incorporation and by Code Section 14-3-20; (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, whether for profit or not for profit, incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under Chapter 2 of this title; (3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and (4) 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:

Page 1035

(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. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to subsection (b) of this Code section. Issuance of a corporate name does not affect the commercial availability of the name. Section 6 . Said title is further amended by adding, following Code Section 14-3-61, a new Code Section 14-3-61.1 to read as follows: 14-3-61.1. (a) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of registration. 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, 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. (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 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.

Page 1036

Section 7 . Said title is further amended by striking Code Section 14-3-130, relating to who may act as incorporators, and inserting in lieu thereof a new Code Section 14-3-130 to read as follows: 14-3-130. 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. Section 8 . Said title is further amended by striking Code Section 14-3-153, relating to filing of articles of amendment and certificates of corporate name, which reads as follows: 14-3-153. (a) If the purpose or one of the purposes of the articles of amendment is to change the corporate name, the corporation shall obtain from the Secretary of State a certificate which states that the proposed name is available in accordance with Code Section 14-3-40 regarding the corporate name. Such certificate shall be issued upon application to reserve the use of the proposed name in accordance with Code Section 14-3-41 and shall be valid for the period provided therein, including any extension of such period granted by the Secretary of State. Upon the expiration of such period or any extension thereof, the certificate shall become void unless the amendment changing the corporate name shall have become effective within such time. (b) The corporation shall deliver the articles of amendment to the Secretary of State for filing as provided in Code Section 14-2-194 and shall comply with all the provisions of subsections (b) through (h) of Code Section 14-2-194, except that the letter to the newspaper publisher shall be in substantially the following form: (Name and address of the newspaper designated by the corporation) Dear Sirs: You are requested to publish, four times, a notice in the following form: The Articles of Incorporation of(name of corporation) have been duly amended on

Page 1037

, 19(month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of amendment by the Secretary of State, in accordance with the applicable provisions of the Georgia Nonprofit Corporation Code.' Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice. Very truly yours, (Name and address of the corporation or its representative), and inserting in lieu thereof a new Code Section 14-3-153 to read as follows: 14-3-153. (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 the 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 CHANGE OF CORPORATE NAME Notice is given that articles of amendment which will change the name of(present corporate name) to(proposed corporate

Page 1038

name) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit 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 for 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 of the change of the name of the corporation. Section 9 . Said title is further amended by adding, following Code Section 14-3-229, a new Code Section 14-3-230 to read as follows: 14-3-230. (a) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, he shall serve the corporation in the manner provided in Code Section 14-3-62 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 may appeal 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. Section 10 . Said title is further amended by striking Code Section 14-3-242, relating to corporate names generally, which reads as follows:

Page 1039

14-3-242. (a) No certificate of authority shall be issued to a foreign corporation unless the corporate name shall be written in Roman or cursive letters or in Arabic or Roman numerals and: (1) Shall contain the word `corporation,' `company,' `incorporated,' or `limited' or shall contain an abbreviation of one of such words; (2) Shall not contain any word or phrase which indicates or implies: (A) That the corporation is organized for any purpose other than one or more of the purposes permitted by its articles of incorporation; or (B) That the corporation is organized by, affiliated with, or sponsored by any fraternal, veterans', service, religious, charitable, or professional organization unless that fact is certified in writing in a manner satisfactory to the Secretary of State by the organization with which affiliation or sponsorship is claimed; (3) Shall not be the same as or confusingly similar to: (A) The name of any corporation, whether for profit or not for profit, existing under the laws of this state; (B) The name of any foreign corporation, whether for profit or not for profit, authorized to transact business in this state; (C) A name to which the exclusive right is, at the time, reserved in the manner provided in this chapter or in Chapter 2 of this title; (D) The name of a corporation which has in effect a registration of its corporate name as provided in the Georgia Business Corporation Code; or (E) Any name prohibited by any other law of this state; and

Page 1040

(4) Shall not in any instance exceed 80 characters, including spaces and punctuation. (b) Whenever a foreign corporation is unable to obtain a certificate of authority to conduct affairs in this state because its corporate name does not comply with subparagraphs (a)(3)(A) through (a)(3)(D) of this Code section, it may nonetheless apply for authority to conduct affairs in this state by adding to its corporate name in such application a word, abbreviation, or other distinctive and distinguishing element, such as the name of the state of its incorporation in parentheses. If in the judgment of the Secretary of State the corporate name with such addition would comply with subparagraphs (a)(3)(A) through (a)(3)(D) of this Code section, said subparagraphs shall not be a bar to the issuance to such corporation of a certificate of authority to conduct affairs in this state. In such case, any such certificate issued to such foreign corporation shall be issued in its corporate name with such additions; and the corporation shall use such corporate name with such additions in all its dealings with the Secretary of State and in the conduct of its affairs in this state. (c) Nothing in this Code section shall: (1) Prevent the use of the name of any corporation, whether domestic or foreign, by another corporation where the first corporation has consented to such use and the name of the second corporation contains other words or characters which distinguish it from the name of the first corporation; (2) Require any corporation qualified or domesticated on April 1, 1969, to add to, modity, or otherwise change its corporate name in order to maintain its qualified or domesticated status; or (3) Abrogate or limit the law as to unfair competition or unfair trade practices; nor derogate from the common law, or principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks., and inserting in lieu thereof a new Code Section 14-3-242 to read as follows:

Page 1041

14-3-242. (a) If the corporate name of a foreign corporation does not satisfy the requirements of Code Section 14-3-40 to obtain or maintain a certificate of authority to transact business in this state, the foreign corporation: (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 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 corporage name of a corporation, whether for profit or not for profit, incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under Code Section 14-3-41 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; and (4) 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

Page 1042

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 whether for profit or not for profit 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; (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 it corporate name to one that does not satisfy the requirements of Code Section 14-3-40, it may not transact business in this state under the changed name until it adopts a name satisfying the requirements of Code Section 14-3-40 and obtains an amended certificate of authority under Code Section 14-3-252. Section 11 . Said title is further amended by striking Code Section 14-3-244, relating to application for a certificate of authority, which reads as follows: 14-3-244. (a) A foreign corporation, in order to procure a certificate of authority to conduct affairs in this state, shall make application therefor to the Secretary of State, which application shall set forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) If the name of the corporation does not comply with Code Section 14-3-242, relating to the corporate name,

Page 1043

then the name of the corporation with the word or abbreviation or other distinctive and distinguishing element which it elects to add thereto for use in this state; (3) The date of incorporation and the period of duration of the corporation; (4) The address of the principal office or registered office of the corporation in the jurisdiction under the laws of which it is incorporated; (5) The address and county of the proposed registered office of the corporation in this state and the name of its proposed registered agent or agents in this state at such address; (6) A brief statement of the purpose or purposes of the corporation which it proposes to pursue in the conduct of affairs in this state; (7) The names and respective addresses of the four principal officers of the corporation; (8) The date which the corporation commenced or proposes to commence conducting affairs in this state; (9) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine whether such corporation is entitled to a certificate of authority to conduct affairs in this state; and (10) The application shall be accompanied by a consent to appointment as registered agent, as provided for in paragraph (2) of subsection (a) of Code Section 14-3-247. (b) Such application shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice-president or by its secretary or an assistant secretary., and inserting in lieu thereof a new Code Section 14-3-244 to read as follows:

Page 1044

14-3-244. (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 14-3-242; (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 state or other official having custody of corporate records in the state or country under whose law it is incorporated. Section 12 . Said title is further amended by striking Code Section 14-3-246, relating to the effect of a certificate of authority, which reads as follows: 14-3-246. Upon the issuance of a certificate of authority by the Secretary of State, the corporation shall be authorized to conduct affairs in this state for those purposes set forth in its application. Such authority shall continue so long as the corporation retains its authority to conduct such affairs in its jurisdiction of incorporation and so long as its authority to conduct affairs in this state has not been suspended, revoked, or surrendered as provided in this chapter., and inserting in lieu thereof a new Code Section 14-3-246 to read as follows:

Page 1045

14-3-246. (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. Section 13 . Said title is further amended by striking Code Section 14-3-247, relating to registered offices and registered agents, which reads as follows: 14-3-247. (a) Each foreign corporation authorized to conduct affairs in this state shall have and continuously maintain in this state: (1) A registered office which may be, but need not be, the same as its principal office in this state; and (2) A registered agent or agents, which agent or agents may be an individual or individuals resident in this state whose business office is identical with such registered office, or a domestic profit or nonprofit corporation, or a foreign profit or nonprofit corporation authorized to transact business in this state, such domestic or foreign corporation having a business office identical with such registered office. No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe. (b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each corporation's registered office and of the name and address of each corporation's registered agent or agents.,

Page 1046

and inserting in lieu thereof a new Code Section 14-3-247 to read as follows: 14-3-247. 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. Section 14 . Said title is further amended by striking Code Section 14-3-248, relating to change of a registered office or registered agent, which reads as follows: 14-3-248. (a) A foreign corporation authorized to conduct affairs in this state may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State a statement setting forth: (1) The name of the corporation; (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;

Page 1047

(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 such 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. (b) Such statement shall be executed by an officer of the corporation and delivered to the Secretary of State. If the Secretary of State finds that such statement conforms to this chapter, 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. (c) Any registered agent of a foreign corporation 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 a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. Upon such resignation becoming effective, the address of the business office of the registered agent shall no longer be the address of the registered office of the corporation. (d) A registered agent may change his business address and the address of the registered office of any corporation of which he is registered agent to another place within the same county by filing a statement as required in subsection (a) 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 (a) 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 corporation other than the notifying registered agent.,

Page 1048

and inserting in lieu thereof a new Code Section 14-3-248 to read as follows: 14-3-248. (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: (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. Section 15 . Said title is further amended by adding, following Code Section 14-3-248, a new Code Section 14-3-248.1 to read as follows: 14-3-248.1. (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

Page 1049

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. Section 16 . Said title is further amended by striking Code Section 14-3-249, relating to service of process, notice, or demands on foreign corporations, which reads as follows: 14-3-249. (a) Each registered agent appointed by a foreign corporation authorized to conduct affairs in this state shall be an agent of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served in the manner provided by law for the service of a summons and complaint. (b) Whenever a foreign corporation conducting or having conducted affairs in this state shall fail to appoint or maintain a registered agent in this state, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such 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 person having charge of the corporation department of his office, 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. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the jurisdiction under the laws of which it is incorporated. Any service so made on the Secretary of State shall be answerable in not less than 30 days.

Page 1050

(c) 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. (d) Nothing contained in this Code section shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any other manner permitted by law as of April 1, 1969, or thereafter., and inserting in lieu thereof a new Code Section 14-3-249 to read as follows: 14-3-249. (a) The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of any 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 latter 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 14-3-253; or (3) Has had its certificate of authority revoked under Code Section 14-3-255.1. (c) Service is perfected under subsection (b) of this Code section at the earliest of: (1) The date the foreign corporation receives the process in the mail;

Page 1051

(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. Section 17 . Said title is further amended by striking Code Section 14-3-252, relating to amended certificates of authority, which reads as follows: 14-3-252. (a) A foreign corporation authorized to conduct affairs in this state shall make application to the Secretary of State for an amended certificate of authority within 30 days after it: (1) Changes its corporate name; or (2) Enlarges, limits, or otherwise changes the purpose or purposes of the corporation which it proposes to pursue in the conduct of affairs in this state. (b) Such application shall be made on forms prescribed by the Secretary of State and shall be executed and filed in the same manner as an original application for a certificate of authority and shall set forth: (1) The name of the corporation as it appears in its original application for a certificate of authority and the jurisdiction under the laws of which it is incorporated; (2) The proposed amendment to its certificate of authority; (3) If the amendment includes a change of name, a statement that the change of name has been effected under the laws of its jurisdiction of incorporation; and (4) If the amendment enlarges, limits, or otherwise changes the affairs which it proposes to conduct in this state,

Page 1052

a statement that it is authorized to conduct such affairs in its jurisdiction of incorporation. (c) The issuance of an amended certificate of authority shall be governed by the same provisions and the effect of its issuance shall be the same as in the case of an original application for a certificate of authority., and inserting in lieu thereof a new Code Section 14-3-252 to read as follows: 14-3-252. (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 14-3-244 for obtaining an original certificate of authority apply to obtaining an amended certificate under this Code section. Section 18 . Said title is further amended by striking Code Section 14-3-253, relating to withdrawal from the state, which reads as follows: 14-3-253. (a) A foreign corporation authorized to conduct affairs in this state may withdraw from this state upon procuring from the Secretary of State a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign corporation shall deliver to the Secretary of State an application for withdrawal, which shall set forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) That the corporation is not conducting affairs in this state;

Page 1053

(3) That the corporation surrenders its authority to conduct affairs in this state; (4) That the corporation revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action or proceeding based upon any cause of action that accrued in this state during the time the corporation was authorized to conduct affairs in this state thereafter may be made on such corporation by service thereof on the Secretary of State; and (5) A post office address to which the Secretary of State may mail a copy of any process against the corporation that may be served on him. (b) The application for withdrawal shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice-president or by its secretary or an assistant secretary. If the corporation is in the hands of a receiver or trustee, said application shall be executed on behalf of the corporation by such receiver or trustee. (c) Before the Secretary of State shall issue a certificate of withdrawal, the corporation shall secure from the state revenue commissioner a certificate that the corporation has met the requirements concerning reports and taxes. (d) The application for withdrawal shall be delivered to the Secretary of State for filing as provided in Code Section 14-3-5. Upon filing said application, the Secretary of State shall issue and deliver to the corporation or its representative a certificate of withdrawal. (e) Upon the issuance of such certificate of withdrawal, the authority of the corporation to conduct affairs in this state shall cease., and inserting in lieu thereof a new Code Section 14-3-253 to read as follows: 14-3-253. (a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State.

Page 1054

(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 the Secretary of State 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, or 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. Section 19 . Said title is further amended by striking Code Section 14-3-255, relating to revocation of a certificate of authority generally, which reads as follows: 14-3-255. (a) The certificate of authority of a foreign corporation to conduct affairs in this state may be revoked by the Secretary of State upon the conditions prescribed in this Code section when:

Page 1055

(1) The corporation has failed to file its annual report to the Secretary of State within the time required by Code Section 14-3-271, or has failed to pay any fees or penalties prescribed by this chapter when they have become due and payable; (2) The corporation has failed to appoint and maintain a registered agent in this state as required by Code Section 14-3-247; (3) The corporation has failed, after change of its registered office or registered agent, to file in the office of the Secretary of State a statement of such change as required by Code Section 14-3-248; (4) The corporation has failed to file in the office of the Secretary of State any articles of merger within the time prescribed by Code Section 14-3-251; (5) The corporation has failed to make application to the Secretary of State for an amended certificate of authority under the circumstances and within the time prescribed by Code Section 14-3-252; or (6) A misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such corporation pursuant to this chapter. (b) No certificate of authority of a foreign corporation shall be revoked by the Secretary of State unless he shall have given the corporation not less than 60 days' notice thereof by mail addressed to its registered office in this state or, if the corporation has no such registered office, to its last known address either within or without this state as shown by the records of the Secretary of State, and the corporation shall fail prior to the revocation of the 60 day period to remedy the omissions or correct the misrepresentations described in paragraphs (1) through (6) of subsection (a) of this Code section., and inserting in lieu thereof a new Code Section 14-3-255 to read as follows:

Page 1056

14-3-255. The Secretary of State may commence a proceeding under Code Section 14-3-255.1 to revoke the certificate 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 14-3-248 or 14-3-248.1 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. Section 20 . Said title is further amended by inserting, following Code Section 14-3-255, a new Code Section 14-3-255.1 to read as follows: 14-3-255.1. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-3-255 for revocation of a certificate of authority, he shall provide the foreign corporation with written notice of his determination by

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mailing a copy of the notice, by 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 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 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. Section 21 . Said title is further amended by striking Code Section 14-3-256, relating to application for reinstatement after revocation of a certificate of authority, which reads as follows: 14-3-256. (a) A foreign corporation whose certificate of authority has been revoked by the Secretary of State under the conditions prescribed by Code Section 14-3-255 or by operation

Page 1058

of any prior law shall be reinstated by the Secretary of State by the issuance of a certificate of reinstatement. The certificate of reinstatement may be issued at any time within five years from the date of the certificate of revocation upon approval of an application for reinstatement, executed by the foreign corporation as provided in Code Section 14-3-4 and filed with the Secretary of State as provided in Code Section 14-3-5. The Secretary of State shall issue the certificate of reinstatement whenever it is established to the satisfaction of the Secretary of State that in fact there was no cause for revocation or whenever the omission or delinquency resulting in revocation has been corrected and payment made of all fees, taxes, and penalties which accrued before revocation. (b) The application for reinstatement shall also be accompanied by an amount equal to the total of all fees, taxes, and penalties which would have been payable for the years or parts thereof during the period between revocation and reinstatement, and a reinstatement filing fee of $25.00. Reinstatement shall not be authorized if the name of the foreign corporation is not available in accordance with Code Section 14-3-242 unless the application for reinstatement includes an adoption of a corporate name that is available. In the event an application for reinstatement adopts a new corporation name for the foreign corporation as provided in this Code section, the original certificate of authority shall be deemed to have been amended to change the name of the foreign corporation to the name so adopted. In the event that a foreign corporation amends its articles of incorporation or is a party to a merger during the period between revocation and reinstatement, it shall accompany its application for reinstatement with a duly executed copy of such amendment or of the articles or agreement of merger, pursuant to the general provisions of Code Sections 14-3-250 and 14-3-251. Upon the issuance of the certificate of reinstatement, the corporation's authorization to transact business in this state, pursuant to its original application to transact business, shall be deemed to have continued from the date of the certificate of revocation. (c) The application for reinstatement shall be in substantially the following form:

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Page 1060

and inserting in lieu thereof a new Code Section 14-3-256 to read as follows: 14-3-256. (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 14-3-249. 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. (c) The court's final decision may be appealed as in other civil proceedings. Section 22 . Said title is further amended by striking Code Section 14-3-257, relating to issuance of a certificate of revocation, which reads as follows: 14-3-257. (a) Upon revoking any such certificate of authority, the Secretary of State shall: (1) Issue a certificate of revocation in duplicate; (2) File one of such certificates in his office; and (3) Mail to such corporation at its registered office in this state or, if the corporation has no such registered office, at its last known address either within or without this state as shown by the records of the Secretary of State, a notice of such revocation accompanied by one of such certificates. (b) Upon issuance of such certificate of revocation, the authority of the corporation to conduct affairs in this state shall cease., and inserting in lieu thereof the following:

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14-3-257. Reserved. Section 23 . Said title is further amended by striking Code Section 14-3-260, relating to conducting affairs without a certificate of authority, which reads as follows: 14-3-260. (a) A foreign corporation that under this chapter is required to obtain a certificate of authority but fails to do so shall be liable to this state, for the years or parts thereof during which it conducted affairs in this state without a certificate of authority, in an amount equal to all fees which would have been imposed by this chapter upon such corporation had it duly applied for and received a certificate of authority to conduct affairs in this state as required by this chapter and thereafter filed all reports required by this chapter, plus all penalties imposed by this chapter. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to recover all amounts due this state under this Code section. (b) No foreign corporation that under this chapter is required to obtain a certificate of authority shall be permitted to maintain any action, suit, or proceeding in any court of this state unless before commencement of the action it shall have obtained such a certificate. Nor shall any action or proceeding be maintained in any court of this state by any foreign corporation that is the successor or assignee of such corporation on any right, claim, or demand arising out of the conduct of affairs by such corporation in this state unless before commencement of the action a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets. (c) The failure of a foreign corporation to obtain the certificate of authority to conduct affairs in this state shall render voidable any contract of such foreign corporation arising out of affairs conducted in this state at the instance of any other party to such contract, but such voidability may be cured by the foreign corporation obtaining a certificate of authority, provided such certificate of authority is obtained prior to final judgment in any action wherein this subsection is relied upon. The failure of such foreign corporation to obtain a certificate of authority shall not prevent the corporation from defending any action or proceeding

Page 1062

in any court of this state; nor shall any party avail himself of the benefit of subsection (b) of this Code section except upon motion prior to judgment., and inserting in lieu thereof a new Code Section 14-3-260 to read as follows: 14-3-260. (a) A foreign corporation transacting business in this state without a certificate of authority may not 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. Section 24 . Said title is further amended by striking Code Section 14-3-270, relating to annual registrations required of domestic and foreign corporations, which reads as follows: 14-3-270. (a) Each domestic corporation and each foreign corporation authorized to conduct affairs in this state shall file, within the time prescribed by Code Section 14-3-271, an annual registration setting forth: (1) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (2) The address and county of the registered office of the corporation in this state, the name of its registered agent or agents in this state at such address, and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated;

Page 1063

(3) The names and respective addresses of the three principal officers of the corporation; and (4) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this chapter. (b) Such annual registration shall be made on forms prescribed by the Secretary of State, and the information therein contained shall be given as of the date of the execution of the registration. The Secretary of State shall mail such registration forms to the last known address of each corporation; however, the failure of any corporation to receive such forms shall not relieve that corporation of its responsibility to obtain, complete, and file the appropriate forms with the Secretary of State. In the event a corporation has not registered within two previous calendar years, the Secretary of State shall not be required to mail to such corporation the required forms. The registration shall be executed by the corporation by its president, a vice-president, secretary, an assistant secretary, treasurer, or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, the registration shall be executed on behalf of the corporation by such receiver or trustee. (c) Failure to hold an organizational meeting or to commence business shall not relieve a corporation of its duty to file an annual registration. Such registration shall be made on the same forms prescribed by subsection (b) of this Code section, shall be executed by the incorporator or one of the initial directors, and shall set forth: (1) That the corporation has not held its organizational meeting or commenced business in this state; (2) The name of the corporation and the jurisdiction under the laws of which it is incorporated; (3) The address and county of the registered office in this state and the name of its registered agent or agents in this state at such address and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the laws of which it is incorporated;

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(4) The names and respective addresses of the incorporators or directors; and (5) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this title., and inserting in lieu thereof a new Code Section 14-3-270 to read as follows: 14-3-270. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (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.

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(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. Section 25 . Said title is further amended by striking Code Section 14-3-271, relating to the period for filing annual registrations and correction of annual registrations, which reads as follows: 14-3-271. (a) The annual registration of a domestic or foreign corporation shall be delivered to the Secretary of State between January 1 and April 1 of each year except that the initial annual registration of a foreign corporation shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of authority was issued by the Secretary of State. The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing, except that the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation was issued by the Secretary of State. Proof to the satisfaction of the Secretary of State that prior to 12:00 Midnight on the last day of such filing period such annual registration was deposited in the United States mail in a sealed envelope, properly addressed, with first-class postage prepaid, shall be deemed a compliance with this requirement. (b) If the Secretary of State finds that such annual registration conforms to the requirements of this chapter, he shall file the same. If he finds that it does not so conform, he shall promptly return the same to the corporation for any necessary corrections, in which event the penalties prescribed in this chapter for failure to file such annual registration within the time provided in subsection (a) of this Code section shall not apply, if such annual registration is corrected to conform to the requirements of this chapter and returned to the Secretary of State within one calendar month from the date it was returned to the corporation.,

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and inserting in lieu thereof the following: 14-3-271. Reserved. Section 26 . Said title is further amended by striking Code Section 14-3-291, relating to fees for filing documents and issuing certificates, which reads as follows: 14-3-291. The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation $40.00 (2) Filing articles of amendment and issuing a certificate of amendment 20.00 (3) Filing restated articles of incorporation and issuing a certificate of restated articles 20.00 (4) Filing articles of merger or consolidation and issuing a certificate of merger or consolidation 25.00 (5) Filing for each two calendar month extension of a corporate name reserved pursuant to Code Section 14-2-41 20.00 (6) Filing an application to reserve a corporate name for a period of five years pursuant to subsection (c) of Code Section 14-2-41 30.00 (7) Filing a notice of transfer of a reserved corporate name 20.00 (8) Filing a statement of change of address of registered office or change of registered agent, or both, unless such changes are made at the time of the filing of the annual registration 10.00 (9) Filing articles of dissolution 20.00 (10) Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state and issuing a certificate of authority 50.00 (11) Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state and issuing an amended certificate of authority 30.00 (12) Filing a certificate of amendment or a certificate of restatement of the articles of incorporation of a foreign corporation holding a certificate of authority to transact business in this state 10.00 (13) Filing a certificate of merger of a foreign corporation holding a certificate of authority to conduct affairs in this state 25.00 (14) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal 15.00 (15) Filing an application to register a foreign corporate name 15.00 (16) Filing an application to renew a registered name of a foreign corporation 15.00 (17) Filing an application of a foreign or domestic corporation for a certificate of reinstatement and issuing a certificate of reinstatement 25.00 (18) Filing any other statement or report, except annual registration, of a domestic or foreign corporation 10.00 (19) Filing annual registration of domestic or foreign corporation 15.00 (20) Filing a statement of intent to dissolve a nonprofit corporation 10.00 (21) Filing a statement of revocation of voluntary dissolution proceedings 10.00, and inserting in lieu thereof a new Code Section 14-3-291 to read as follows: 14-3-291. 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 70.00 (3) Annual registration 15.00 (4) Agent's statement of resignation No fee (5) Certificate of judicial dissolution No fee (6) Application for reservation of a corporate name No fee (7) Statement of change of address of registered agent..... $5.00 per corporation but not less than 20.00 (8) Any other document required or permitted to be filed by this chapter 20.00 Section 27 . Said title is further amended by striking Code Section 14-3-310, relating to the powers of the Secretary of State generally, which reads as follows: 14-3-310. 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 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., and inserting in lieu thereof a new Code Section 14-3-310 to read as follows: 14-3-310. The Secretary of State has the power reasonably necessary to perform the duties required of him by this chapter. Section 28 . Said title is further amended by striking Code Section 14-3-313, relating to appeals from actions of the Secretary of State, which reads as follows: 14-3-313. (a) If the Secretary of State shall refuse to grant a name certificate, or shall revoke the reservation of a corporate name as provided in Code Section 14-3-41 and subsection (e) of Code Section 14-2-41, or shall refuse to file any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be filed by the Secretary of State, he shall, within ten days after application for the name certificate is made, or after his revocation of a reservation of a corporate name, or after the delivery of any of the aforesaid documents to him, give written notice of his action to

Page 1070

the person or corporation, domestic or foreign, making such application, or having made such reservation of corporate name, or delivering such document, specifying the date of and the reasons for his action. Within 40 days from the date of such action by the Secretary of State such person or corporation may appeal to the superior court of the county in which the registered office of such corporation is or is proposed to be situated, by filing with the clerk of such court a petition setting forth a copy of such application, or of such reservation, or of the articles or other document sought to be filed and a copy of the written notice from the Secretary of State, of his action. The matter shall promptly be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. (b) If the Secretary of State shall revoke the certificate of authority to conduct affairs in this state of any foreign corporation, pursuant to this chapter, such foreign corporation may likewise appeal to the superior court of the county where the registered office of such corporation in this state is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to conduct affairs in this state and a copy of the notice of revocation given by the Secretary of State. The matter shall be tried de novo by the court without a jury, and the court shall either sustain the action of the Secretary of State or direct him to take such action as the court may deem proper. (c) Appeals from all final orders and judgments entered by the superior court under this Code section in review of any ruling or decision of the Secretary of State may be taken to the Court of Appeals or the Supreme Court in the same manner as in other civil cases., and inserting in lieu thereof a new Code Section 14-3-313 to read as follows: 14-3-313. (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 of the document and by attaching to the petition the document and the Secretary of State's explanation of his refusal to file.

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(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. Section 29 . Said title is further amended by striking Code Section 14-3-330, relating to penalties imposed upon corporations and corporations subject to involuntary dissolution, and inserting in lieu thereof a new Code Section 14-3-330 to read as follows: 14-3-330. 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 30 . Said title is further amended by adding, following Code Section 14-3-331, a new Code Section 14-3-332 to read as follows: 14-3-332. Any person who signs a document which 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. Section 31 . Said title is further amended by striking subsection (a) of Code Section 14-4-160, relating to forfeiture of a charter, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A corporation may forfeit its charter: (1) By failure to file its annual registration with the Secretary of State as required by Code Section 14-4-180 or by failure to file its annual license or occupational tax return on or before the day such return becomes due; (2) By having procured its charter through fraud; or

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(3) By continuing to violate the laws of this state in a manner likely to injure the public or the corporation's shareholders, creditors, or debtors after written notice by the Secretary of State to the corporation at its last known address as shown by the records of the Secretary of State, except that the Secretary of State shall not declare a forfeiture on this ground so long as the corporation is contesting in good faith in any appropriate judicial or administrative proceeding the alleged violation or violations of the laws of this state. Section 32 . Said title is further amended by striking Code Section 14-4-180, relating to annual reports required, and inserting in lieu thereof a new Code Section 14-4-180 to read as follows: 14-4-180. It shall be the duty of all corporations incorporated by the Secretary of State to file with the Secretary of State an annual registration as prescribed by Code Section 14-2-1622. Section 33 . Said title is further amended by striking Code Section 14-4-181, relating to penalty for failure to report, which reads as follows: 14-4-181. Upon a failure or refusal of any corporation to make the report required under Code Section 14-4-180, the corporation shall be penalized $25.00 for each year in which it so fails or refuses. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to enforce the penalty imposed by this Code section., and inserting in lieu thereof the following: 14-4-181. Reserved. Section 34 . Said title is further amended by striking Code Section 14-4-182, relating to filing of reports by the Secretary of State, which reads as follows: 14-4-182. If the Secretary of State finds that the report conforms to the requirements of Code Section 14-4-180, upon payment of the filing fee provided by paragraph (7) of Code Section 14-4-183, he shall file the same. If he finds that it does

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not so conform, he shall promptly return the same to the corporation for any necessary corrections. The penalty prescribed in Code Section 14-4-181 for failure to file said report shall not apply if such report is properly corrected and returned to the Secretary of State within one calendar month from the date it was returned by him to the corporation., and inserting in lieu thereof the following: 14-4-182. Reserved. Section 35 . Said title is further amended by striking Code Section 14-4-183, relating to fees of the Secretary of State for filing documents and issuing certificates, and inserting in lieu thereof a new Code Section 14-4-183 to read as follows: 14-4-183. The Secretary of State shall collect fees as prescribed in Code Section 14-2-122 when the documents described in this chapter are delivered to him for filing. Section 36 . Said title is further amended by adding, following Code Section 14-5-10, a new Code Section 14-5-11 to read as follows: 14-5-11. (a) If there is no other statute which authorizes or prescribes the manner in which any domestic corporation which is not otherwise subject to Chapter 2 or Chapter 3 of this title may amend its charter or articles of incorporation, merge, or take any other action which a corporation which is subject to Chapter 2 or Chapter 3 of this title is authorized to take, such domestic corporation is authorized to take such action in the same manner and subject to the same provisions, conditions, limitations, and procedures prescribed in Chapter 2 or Chapter 3 of this title. The provisions of this Code section shall apply to corporations chartered by Acts of the General Assembly of Georgia. (b) Each domestic corporation and each foreign corporation which is doing business in this state and which is not otherwise required to register with the Secretary of State under any other law of this state shall deliver to the Secretary of State for filing an annual registration in the same manner, containing the same information, and subject to the same conditions,

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requirements, fees, and procedures as set out in Code Section 14-2-1622. Any corporation failing to file such registration shall be subject to the same penalties as provided in Chapter 2 of this title for corporations which fail to file an annual registration. Section 37 . Said title is further amended by striking Code Section 14-10-13, relating to annual reports of professional associations, which reads as follows: 14-10-13. A professional association shall, within 30 days after the organization of the professional association pursuant to this chapter and within 30 days after November 1 in each year thereafter, furnish a statement to the Secretary of State showing the names and post office addresses of all members or shareholders in such professional association and shall certify that all members or shareholders are duly licensed or otherwise legally authorized to render professional service in this state. Each professional association shall have and continuously maintain a registered office and registered agent and shall file such office and agent with the Secretary of State as provided in Code Sections 14-2-60 and 14-2-61. Annual reports shall be made on such form as shall be prescribed and furnished by the Secretary of State, shall be signed by the president or vice-president of the professional association and acknowledged and sworn to before a notary public by the person signing the report, and shall be filed in the office of the Secretary of State, together with a filing fee in the amount of $10.00. Upon the failure or refusal of any professional association to furnish the report to the Secretary of State, the professional association shall be penalized $25.00 for each year in which it so fails or refuses. The Attorney General, at the direction of the Secretary of State, shall bring proceedings in the name of the state to enforce the penalty imposed by this Code section., and inserting in lieu thereof the following: 14-10-13. Reserved. Section 38 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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WORKERS' COMPENSATIONGROUP SELF-INSURANCE FUNDS; SECURITIES DEPOSITS; SURPLUS AND EXPENDABLE SURPLUS REQUIREMENTS; RESERVES. Code Sections 34-9-161, 34-9-162, and 34-9-163 Amended. No. 569 (House Bill No. 367). AN ACT To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of providing workers' compensation benefits, so as to change the provisions relating to maintenance of securities deposits; to provide that the surplus and expendable surplus requirements may be satisfied by an appropriate surety bond for a certain period of time; to provide that under certain conditions the surplus and expendable surplus requirements may be waived; to provide that under certain conditions a portion of the surplus may be returned to the members of the fund; to provide for the maintenance of reserves for losses and aggregate excess insurance; 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 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of providing workers' compensation benefits, is amended by striking in its entirety subsection (a) of Code Section 34-9-161, relating to securities deposit, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Except as otherwise provided in paragraph (2) of this subsection, each fund shall maintain with the Commissioner a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in an amount which is equal to 25 percent of the normal annual premium or, if acceptable to the Commissioner, post in lieu thereof a surety bond in an amount which

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is equal to 35 percent of the normal annual premium; provided, however, that a fund established by a group of municipalities, counties, or school boards shall only be required to maintain such a deposit in an amount which is equal to 10 percent of the normal annual premium or, if acceptable to the Commissioner, to post in lieu thereof a surety bond in an amount which is equal to 15 percent of the normal annual premium. If the Commissioner permits a fund to post a surety bond in lieu of the deposit required above, such a bond shall only be acceptable if it is issued by an authorized insurer and its form has been approved in advance by the Commissioner. (2) A fund which has been in existence for a period of at least five years shall, after application and approval of the Commissioner, maintain with the Commissioner a security deposit consisting of securities or a surety bond as described in paragraph (1) of this subsection in the amount of 10 percent of the fund's normal annual premium. Section 2 . Said article is further amended by striking in its entirety Code Section 34-9-162, relating to the maintenance of a surplus and expendable surplus, and inserting in lieu thereof a new Code Section 34-9-162 to read as follows: 34-9-162. (a) A fund formed pursuant to this article shall possess and thereafter maintain a minimum surplus of not less than $150,000.00 and not less than $150,000.00 expendable surplus or such higher amounts of surplus or expendable surplus as the Commissioner may reasonably establish or subsequently require for the protection of the members and their employees, provided that the Commissioner shall have the authority to require the establishment or maintenance of such lesser amounts of minimum surplus or expendable surplus as he may deem advisable for the protection of the members and their employees, if the fund can show conclusively that its maximum annual liability is less than or equal to the total annual premiums collected. The surplus requirements of this subsection may be satisfied by a surety bond written by an authorized insurer and in a form approved by the Commissioner. A surety bond shall be replaced by cash or a cash equivalent within 60 months of the date said surety bond was submitted to the Commissioner.

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(b) The Commissioner may waive the surplus requirement when a fund has made a deposit of eligible securities or a surety bond in order to maintain compliance with Code Section 34-9-161. (c) At the discretion of the board of the fund, any surplus exceeding the requirements of this Code section and the total of all other liabilities of the fund may be returned to the members of the fund. The board of the fund shall notify the Commissioner by letter within ten days following the return of any surplus. Section 3 . Said article is further amended by striking in its entirety Code Section 34-9-163, relating to investment of assets, and inserting in lieu thereof a new Code Section 34-9-163 to read as follows: 34-9-163. (a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33. (b) Each fund shall maintain loss reserves computed in the same manner and upon the same basis as required by the provisions of Code Section 33-10-9. (c) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund's total loss and loss expense payments, actual loss reserves, incurred but not reported loss reserves, and reserves for aggregate excess insurance shall be maintained in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commissioner.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. MUNICIPAL CORPORATIONSSTREET IMPROVEMENT BONDS; INTEREST RATE. Code Sections 36-39-16 and 36-39-25 Amended. No. 570 (House Bill No. 377). AN ACT To amend Chapter 39 of Title 36 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 39 of Title 36 of the Official Code of Georgia Annotated, relating to street improvements, is amended by striking Code Section 36-39-16, relating to payment of assessment in installments, and inserting in lieu thereof a new Code Section 36-39-16 to read as follows: 36-39-16. If the owner of the land or of any street railway assessed, within 30 days from the passage of the ordinance making the assessment final, files with the clerk of the municipal corporation his written request asking that the assessments be payable in installments in accordance with the provisions of this Code section, the same shall thereupon be and become payable in equal annual installments over such period of years, not less than two nor more than ten, as shall be fixed and prescribed by the

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governing body of the municipal corporation. Such installments shall bear interest at a rate not exceeding 7 percent per annum until paid. Each installment, together with the interest on the entire amount remaining unpaid, shall be payable each year at such time and place as shall be provided by resolution of the governing body. Section 2 . Said chapter is further amended by striking Code Section 36-39-25, relating to street improvement bonds, and inserting in lieu thereof a new Code Section 36-39-25 to read as follows: 36-39-25. The governing body, after the expiration of 30 days from the passage of the ordinance confirming and levying the assessment, shall, by resolution, provide for the issuance of bonds in the aggregate amount of the assessments remaining unpaid, bearing date not more than 30 days after the passage of the ordinance fixing the assessment and of such denomination as the governing body shall determine. Such bond or bonds, unless authority is thereafter granted and exercised for making them direct obligations of the municipal corporation, shall in no event become a liability of the municipal corporation or of the governing body of the municipal corporation issuing them. The bonds shall be payable in equal annual installments over the same period of years, not less than two nor more than ten, as has been fixed and provided by the governing body of the municipal corporation for the payment of the assessments in installments under Code Section 36-39-16. One installment of any such series of bonds, with interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one installment thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day in each succeeding year, until all are paid. Such bonds shall bear interest at a rate not exceeding 10 percent per annum from their date until maturity, payable annually. They shall be designated as `street-improvement bonds' and on the face thereof shall recite the street or streets, the part of the street or streets, or other public places for the improvement of which they have been issued. Unless authority is thereafter granted and exercised for making them direct obligations of the municipal corporation, such bonds shall be payable solely from assessments which have been fixed upon the lots or tracts of land benefited by the improvement under authority of

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this chapter. The bonds shall be signed by the mayor or chairman of the board of commissioners and attested by the clerk of the governing body, shall have the impression of the corporate seal of the municipal corporation thereon, and shall have interest coupons attached. All bonds issued by authority of this chapter shall be payable at such place either within or outside this state as shall be designated by the governing body. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. EVIDENCERECORDS OF THE DEPARTMENT OF PUBLIC SAFETY; GEORGIA CRIME INFORMATION CENTER; PARTIES TO ACTIONS. Code Sections 24-3-17 and 35-3-34 Amended. No. 571 (House Bill No. 380). AN ACT To amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification; to provide for related matters; 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 authorize the center to make certain criminal history records available to parties to a lawsuit under certain circumstances; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, is amended by striking Code Section 24-3-17, relating to the admissibility of certified copies of records and computer data from the Department of Public Safety, in its entirety and inserting in lieu 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) Any court may receive and use as evidence in any case information otherwise admissible from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records. Section 2 . 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 subsection (a) of Code Section 35-3-34, relating to the dissemination of records by the center, and inserting in its place a new subsection (a) to read as follows: (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

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(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; or (2) Make criminal history records available to parties to any criminal action upon receipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and (3) 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSLISTS OF ELECTORS; REGISTRATION CARDS; CORRECTION BY BOARD OF REGISTRARS. Code Sections 21-2-240 and 21-3-140 Amended. No. 572 (House Bill No. 400). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of electors and issue new registration

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cards upon notification to the elector that the board of registrars has ascertained that an elector has moved; to provide for procedures; 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 adding a new subsection at the end of Code Section 21-2-240, relating to procedure upon change of an elector's address, to be designated subsection (g), to read as follows: (g) Upon ascertainment by the board of registrars that an elector has moved to a different address within the county from the address contained on the elector's registration card, the board of registrars shall notify the elector by first-class mail of the change in address and of any change in the elector's voting precinct based upon the address change. An elector shall have a period of ten days following such notification by the board of registrars to correct any error in connection with the elector's address. In the absence of any correction by the elector, the board of registrars shall be authorized to place the elector's name in the proper precinct, correct the list of electors, and issue the elector a new registration card reflecting the address change and the elector's proper voting precinct. Section 2 . Said title is further amended by designating as subsection (a) the existing provisions of Code Section 21-3-140, relating to procedure upon change of a municipal elector's address, and by adding a new subsection immediately following subsection (a), to be designated subsection (b), to read as follows: (b) Upon ascertainment by the board of registrars that an elector has moved to a different address within the municipality from the address contained on the elector's registration card, the board of registrars shall notify the elector by first-class mail of the change in address and of any change in the elector's voting precinct based upon the address change. An elector shall have a period of ten days following such notification by the board of registrars to correct any error in connection with the elector's address. In the absence of any correction by the elector, the board of registrars shall be authorized to place the elector's name in the

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proper precinct, correct the list of electors, and issue the elector a new registration card reflecting the address change and the elector's proper voting precinct. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSABSENTEE ELECTORS; ELECTORS WHO ARE 75 OR HANDICAPPED VOTING WITHOUT WAITING IN LINE; CAMPAIGN ACTIVITIES AND PUBLIC OPINION POLLS NEAR POLLING PLACES. Code Title 21, Chapters 2 and 3 Amended. No. 573 (House Bill No. 403). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain definitions relating to absentee electors and municipal absentee electors; to provide that certain electors or municipal electors who are 75 years of age or older or who are handicapped and require voting assistance shall be authorized to vote without having to wait in line; to provide for conditions and procedures; to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-380, relating to the definition of an absentee elector, and inserting in its place a new Code Section 21-2-380 to read as follows: 21-2-380. As used in this article, the term `absentee elector' means an elector of this state who: (1) Is required to be absent from his precinct during the time of the primary or election he desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he desires to vote in; (3) Because of physical disability, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. Section 2 . Said title is further amended by adding a new Code section immediately following Code Section 21-2-409, to be designated Code Section 21-2-409.1, to read as follows: 21-2-409.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is handicapped and requires assistance in voting as authorized by Code Section 21-2-409, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line. Notice of the provisions of this Code section shall be prominently displayed in the voting place.

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Section 3 . Said title is further amended by striking Code Section 21-2-414, relating to restrictions upon campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-2-414 to read as follows: 21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute 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: (1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (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.

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(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 at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place. Section 4 . Said title is further amended by striking Code Section 21-3-280, relating to the definition of an absentee municipal elector, and inserting in its place a new Code Section 21-3-280 to read as follows: 21-3-280. As used in this article, the term `absentee elector' means an elector of the municipality who: (1) Is required to be absent from said municipality during the time of the primary or election in which he desires to vote; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he desires to vote; (3) Because of physical disability, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election;

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(5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. Section 5 . Said title is further amended by adding a new Code section immediately following Code Section 21-3-318, to be designated Code Section 21-3-318.1, to read as follows: 21-3-318.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is handicapped and requires assistance in voting as authorized by Code Section 21-3-318, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line. Notice of the provisions of this Code section shall be prominently displayed in the voting place. Section 6 . Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a municipal polling place, and inserting in its place a new Code Section 21-3-321 to read as follows: 21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: (1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less; (2) Within any polling place; or

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(3) Within 25 feet of any voter standing in line at such polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within the boundary of the property upon which such polling place is located, within 50 feet of any polling place, or within 50 feet of the outer edge of any building within which such polling place is established, whichever distance is less; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line at such polling place. (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 at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. ELECTIONSDISCLOSING HOW ANOTHER ELECTOR VOTED. Code Section 21-2-568 Amended. No. 574 (House Bill No. 405). AN ACT To amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, is amended by striking Code Section 21-2-568, relating to certain offenses regarding entry into voting compartments or booths or vote disclosure, and inserting in its place a new Code Section 21-2-568 to read as follows: 21-2-568. Any person who: (1) Goes into the voting compartment or voting machine both while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter;

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(2) Interferes with any elector marking his ballot or ballot card or registering his vote; (3) Attempts to induce any elector before depositing his ballot or ballot card to show how he marks or has marked his ballot or ballot card; (4) While giving lawful assistance to another, attempts to influence the vote of the elector whom he is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he is assisting; or (5) Discloses to anyone how another elector voted, except when required to do so in any legal proceeding shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. COUNTIESCOUNTY OFFICERS AND COUNTY SCHOOL SUPERINTENDENTS; QUALIFICATION OF CANDIDATES; AFFIDAVITS. Code Titles 15, 20, 21, 45 and 48 Amended. No. 575 (House Bill No. 407). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that candidates for the offices of clerk of the superior court, judge of the probate court, and sheriff shall file certain affidavits with or make certain affirmations to

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the officer before whom they qualified to seek office; to change certain provisions relating to eligibility to hold the office of sheriff; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide that candidates for the office of county school superintendent shall file certain verifications with the officer before whom they qualified to seek office; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the attachment of certain affidavits to certain certifications by county executive committees of each political party; to change certain provisions with respect to eligibility to qualify for election to such office; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that candidates for the office of coroner shall file certain affidavits with the officer before whom they qualified to seek office; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for the office of tax receiver, tax collector, or tax commissioner shall file certain affidavits with the officer before whom they qualified to seek office; 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 paragraph (2) of subsection (b) of Code Section 15-6-50, relating to the term of office and qualifications of clerks of superior courts, and inserting in its place a new paragraph (2) to read as follows: (2) Each person offering his candidacy for the office of clerk of the superior court shall file an affidavit with the officer before whom such person has qualified to seek the office of clerk of the superior court prior to or at the time for qualifying, which affidavit shall affirm that he meets all of the qualifications required pursuant to paragraph (1) of this subsection. Section 2 . Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 15-9-2, relating to eligibility to run for or hold the office of judge of the probate court, and inserting in its place a new paragraph (2) to read as follows:

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before whom such person has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraph (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section. Section 3 . Said title is further amended by striking subsection (c) of Code Section 15-16-1, relating to qualifications of sheriffs, and inserting in its place a new subsection (c) to read as follows: (c) Qualifications . (1) No person shall be eligible to hold the office of sheriff unless he: (A) Is a citizen of the United States; (B) Has been a resident of the county in which he seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff; (C) Is a registered voter; (D) Has attained the age of at least 25 years prior to the date of his qualifying for election to the office; (E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense;

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(G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff; (H) Gives a complete history of his places of residence for a period of six years immediately preceding his qualification date, giving the house number or RFD number, street, city, county, and state; and (I) Gives a complete history of his places of employment for a period of six years immediately preceding his qualification date, giving the period of time employed and the name and address of his employer. (2) Each person offering his candidacy for the office of sheriff shall, within 60 days prior to or at the time he qualifies: (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his birth certificate and a certified copy of his high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he has, meets, or will meet by the date of the election all of the qualifications required by this subsection and that he has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. Section 4 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (b) of Code Section 20-2-102, relating to qualifications of local school superintendents, and inserting in its place a new subsection (b) to read as follows:

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(b) To be eligible to qualify for election in the primary election or in the general election, a candidate for election as county school superintendent shall present to the officer before whom such candidate has qualified to seek the office of county school superintendent vertification from the State School Superintendent that the candidate meets the certification qualifications of this Code section. Section 5 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-154, relating to certification of political party candidates, and inserting in its place a new Code Section 21-2-154 to read as follows: 21-2-154. At or before 12:00 Noon on the fifth day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-16-1, subsection (b) of Code Section 20-2-102, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. Section 6 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (2) of subsection (b) of Code Section 45-16-1, relating to the election of coroners, and inserting in its place a new paragraph (2) to read as follows: (2) Each person offering his candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he meets all

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of the qualifications required pursuant to paragraph (1) of this subsection. Section 7 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (2) of subsection (b) of Code Section 48-5-210, relating to qualifications for office of tax receivers, tax collectors, and tax commissioners, and inserting in its place a new paragraph (2) to read as follows: (2) Each person offering as a candidate for the office of tax receiver, tax collector, or tax commissioner shall file an affidavit with the officer before whom such person has qualified to seek the office of tax receiver, tax collector, or tax commissioner prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by paragraph (1) of this subsection. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. STATE BOARD OF TECHNICAL AND ADULT EDUCATIONMEMBERS; TERMS. Code Section 20-4-10 Amended. No. 576 (House Bill No. 428). AN ACT To amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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. Board members in office on June 30, 1989, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint five successors to two-year terms, five successors to three-year terms and five successors to five-year terms. All subsequent appointments shall be for regular five-year terms. 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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ACCOUNTANTSEXAMINATIONS; TEMPORARY CERTIFICATES; FOREIGN CERTIFICATES, LICENSES, OR DEGREES; CONTINUING EDUCATION. Code Title 43, Chapter 3 Amended. No. 577 (House Bill No. 451). AN ACT To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Accountancy to contract with third parties to perform administrative services relating to examinations; to delete certain notice requirements concerning examinations; to repeal certain provisions relating to the prohibition against an applicant transferring examination grades from another state under certain circumstances; to change the provisions relating to oral examinations for handicapped persons; to repeal certain provisions relating to retention of examination papers and records; to repeal certain provisions relating to temporary certified or registered public accountant certificates; to change the provisions relating to registration of holder of certificate, license, or degree issued by a foreign country; to change certain provisions relating to continuing professional education requirements; to provide for continuing professional education requirements pursuant to rules and regulations of the State Board of Accountancy; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking in its entirety Code Section 43-3-7, relating to written examinations for certified public accountants, and inserting in lieu thereof a new Code Section 43-3-7 to read as follows: 43-3-7. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6. The board may obtain advice and assistance in preparing and grading such examinations and the joint-secretary,

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with approval of the board, may contract with third parties to perform administrative services with respect to the examinations as he deems appropriate. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 shall be held at least twice each year. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-6 or who expects to meet it within 120 days following the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-6 shall be eligible to take such examination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 shall have no status as a certified public accountant until he has the requisite education and experience and has received his certificate as a certified public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-6 given by the licensing authority in another state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough

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as the most recent examination given by the board at the time of the granting of such credit. (f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in six consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the applicant a feet to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-3-8, relating to conduct of oral examinations for certified public accountants, and inserting in lieu thereof a new Code Section 43-3-8 to read as follows: 43-3-8. (a) Any written examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board prior to the date of examination as provided by rules of the board.

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(b) A permanent record shall be made of all examinations administered orally in accordance with subsection (a) of this Code section. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-3-10, relating to temporary certified public accountant certificates, which reads as follows: 43-3-10. In the event an applicant for a certificate as a certified public accountant meets all of the requirements for such a certificate, the board, in its discretion, may issue to him a temporary certificate as a certified public accountant. The temporary certificate shall be effective only until the board notifies him that his application for a certificate as a certified public accountant pursuant to Code Section 43-3-11 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate., and inserting in lieu thereof the following: 43-3-10. Reserved. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-3-14, relating to written examinations for registered public accountants, and inserting in lieu thereof a new Code Section 43-3-14 to read as follows: 43-3-14. (a) The board may provide, by regulation, for the general scope of examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13. The board may obtain advice and assistance in preparing and grading such examinations and the joint-secretary, with the approval of the board, may contract with third parties to perform administrative services with respect to the examinations as he deems appropriate. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 shall be held at least twice each year.

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(c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-13 or who expects to meet it within 120 days following the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-13 shall be eligible to take such examination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he has the requisite education and experience and has received his certificate as a registered public accountant. (e) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another state. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given by the board at the time of the granting of such credit. (f) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in ten consecutive attempts, including the initial

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sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the applicant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-3-15, relating to conduct of oral examinations for registered public accountants, and inserting in lieu thereof a new Code Section 43-3-15 to read as follows: 43-3-15. (a) Any written examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 may be administered orally if the board determines that an applicant's physical handicap or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the handicap or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board prior to the date of examination as provided by rules of the board. (b) A permanent record shall be made of all examinations administered orally in accordance with subsection (a) of this Code section. Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-3-17, relating to temporary registered public accountant certificates, which reads as follows: 43-3-17. In the event an applicant for a certificate as a registered public accountant meets all of the requirements for such a certificate, the board, in its discretion, may issue to him a temporary certificate as a registered public accountant. The

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temporary certificate shall be effective only until the board notifies him that his application for a certificate as a registered public accountant pursuant to Code Section 43-3-18 has been either granted or rejected. In no event shall a temporary certificate be in effect for more than three months after the date of its issuance. No fee shall be charged for such certificate., and inserting in lieu thereof the following: 43-3-17. Reserved. Section 7 . Said chapter is further amended by striking in its entirety Code Section 43-3-20, relating to registration of holder of certificate, license, or degree issued by a foreign country, which reads as follows: 43-3-20. The board, in its discretion, may permit the registration of any person of good moral character who is the holder in good standing of a certificate, license, or degree in a foreign country constituting a recognized qualification for the practice of public accountancy in such country. A person so registered shall use only the title under which he is generally known in his own country, followed by the name of the country from which he received his certificate, license, or degree., and inserting in lieu thereof a new Code Section 43-3-20 to read as follows: 43-3-20. Any person who was registered with the board on or before July 1, 1989, as a foreign accountant based on being a holder in good standing of a certificate, license, or degree in a foreign country constituting a recognized qualification for the practice of public accountancy in such country shall be eligible to renew his live permit under such terms and conditions as provided by law and the rules and regulations of the board. Such registered foreign accountant shall be subject to the laws and rules and regulations of the board, including, but not limited to, those concerning continuing professional education requirements and disciplinary actions. Should such registered foreign accountant fail to renew his live permit or have such permit revoked or suspended, the board may reinstate such registered foreign accountant under terms and conditions as determined by the board.

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Section 8 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-3-25, relating to continuing professional education requirements, which reads as follows: (b) (1) Except as provided in paragraph (3) of this subsection, any such applicant who is and has been certificated as a certified public accountant, registered as a public accountant, or registered as a foreign accountant by this state for two years or more shall have completed, within the two years immediately preceding the renewal date for his live permit, 60 hours of acceptable education as defined in paragraph (4) of this subsection. (2) Except as provided in paragraph (3) of this subsection, any such applicant who is and has been certificated as a certified public accountant, registered as a public accountant, or registered as a foreign accountant by this state for one year but less than two years shall have completed, during the year immediately preceding the renewal date or the initial date, as the case may be, for his live permit, 30 hours of acceptable education as defined in paragraph (4) of this subsection. (3) Up to 15 hours of acceptable education, as defined in paragraph (4) of this subsection, completed during the period immediately preceding the periods specified in paragraph (1) or (2) of this subsection in excess of the requirements for such preceding periods may be applied toward satisfaction of the requirements of paragraph (1) or (2) of this subsection. (4) `Acceptable education,' as used in this subsection, shall include programs of study which meet the following criteria: (A) Such programs of study shall have as their subject matter one or more of the following: accounting and auditing; taxation; management services; computer sciences; oral and written communications; mathematics and statistics; economics; business law; functional fields of business (for example, finance production, marketing, personnel relations, business management, and organization); specialized industries (for example,

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real estate, agriculture, construction, and financial institutions); administration of an accounting practice; and such other subjects of study as deemed appropriate by the board; (B) Such programs of study shall be offered at or provided by professional development programs of the American Institute of Certified Public Accountants or state societies of certified public accountants; technical sessions of meetings of the American Institute of Certified Public Accountants; state societies of public accountants or other professional chapters and organizations recognized by the board; a college or university accredited by a national or regional accrediting organization recognized by the board; formal organized infirm or multifirm education programs which have received the prior approval of the board; formal correspondence or individual study programs which require registration, provide evidence of satisfactory completion, and which have received the prior approval of the board; preparation of articles or books published in academic trade or professional journals recognized by the board; and (C) Such programs of study, other than preparation of articles or books, shall meet the following criteria: an outline of the program listing the major topics of discussion shall have been prepared in advance by the program director and retained by the student; the program shall have been conducted by a person whose formal training and experience qualify him, in the opinion of the board, as a competent instructor; except for correspondence or individual study programs, the program shall have been conducted in segments of not less than 50 minutes each; and evidence, satisfactory to the board, of registration for and attendance through substantially the entire program shall have been presented to the board. (5) Hours of continuing professional education shall be calculated as follows:

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(A) In full hours only, with a 50 minute segment being calculated as a full hour; (B) Credit shall be given only for hours in class, or the equivalent, and not for time devoted to preparation therefor; (C) Each hour of service as a lecturer or discussion leader of an acceptable formal program (exclusive of hours of such service at any repetition of the same such program) shall be deemed to be two hours of continuing professional education; (D) For credit hours from a college or university, each semester hour credit shall be deemed to be 15 hours, and each quarter hour credit shall be deemed to be ten hours, of continuing professional education; (E) For noncredit courses from a college or university, each classroom hour shall be deemed to be one hour of continuing professional education; and (F) For preparation of articles and books, each hour devoted thereto shall be deemed to be one hour of continuing professional education, but limited to 25 percent of the total hours counted toward satisfaction of the continuing professional education requirement in any two-year period unless additional credit is specifically approved by the board., and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall be authorized to promulgate rules and regulations providing for the number of hours of acceptable continuing professional education, which shall not be less than 60 hours, required to renew a live permit, for the assignment of credit for hours in excess of the minimum requirement, and for the proration of required hours. The board may establish criteria for continuing professional education programs, provide for accreditation of such programs, enter into agreements with sponsors of such programs, and provide for the assignment of credits for participation in such programs.

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Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. FAMILY VIOLENCE CENTERSCOUNTY AND MUNICIPAL GRANTS. Code Section 19-13-22 Amended. No. 578 (House Bill No. 469). AN ACT To amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, is amended by striking subsection (d) thereof and inserting in its place a new subsection to read as follows: (d) Family violence shelters and family violence programs may be established throughout the state as private, local, state, or federal funds are available. Any county or municipality in this state is authorized to make grants of county or municipal funds, respectively, to any family violence center licensed as such in accordance with the rules and regulations of the department.

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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 10, 1989. INSURANCEPERSONAL INSURANCE; INSURABLE INTEREST; CORPORATIONS; TRUSTS. Code Section 33-24-3 Amended. No. 579 (House Bill No. 472). 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 any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and certain of its shareholders and certain obligors and that trusts providing benefits to employees shall have an insurable interest in the lives of any such 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 striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

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(c) A corporation has an insurable interest as referred to in subsection (a) of this Code section in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him at the time of his death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INCOME TAXESESTIMATED TAXES; TIMES FOR INSTALLMENT PAYMENTS. Code Section 48-7-119 Amended. No. 580 (House Bill No. 485). AN ACT To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income

Page 1111

taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, is amended by striking Code Section 48-7-119, relating to installment payments of estimated tax, and inserting in its place a new Code section to read as follows: 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: 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 first 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 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and this Act shall apply to taxable years beginning on or after January 1 of the calendar year in which this Act so takes effect. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INCOME TAXESINDIVIDUALS; MORTGAGE INTEREST; DEPENDENT'S UNEARNED INCOME; SUBCHAPTER S CORPORATION INCOME. Code Section 48-7-27 Amended. No. 581 (House Bill No. 486). AN ACT To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to exclude the amount of mortgage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return and the amount of a dependent's unearned income included in federal adjusted gross income of a parent's return from the computation of taxable net income; to provide for an adjustment in calculating taxable net income for individuals who have Subchapter S corporation income

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in federal adjusted gross income for federal purposes but do not qualify for Subchapter S corporation status for state purposes either because another state does not recognize Subchapter S corporation status or because a nonresident shareholder does not consent to Subchapter S corporation status; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, is amended by striking paragraph (3) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) (A) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses. (B) The amount of mortgage interest eliminated from federal itemized deductions for the purpose of computing mortgage interest credit on the federal return;. Section 2 . Said Code section is further amended by by striking from the end of paragraph (6) of subsection (a) the word and, by striking the period from the end of paragraph (7) of subsection (a) and substituting in lieu thereof ; and, and by adding a new paragraph (8) at the end of subsection (a) to read as follows: (8) The amount of a dependent's unearned income included in federal adjusted gross income of a parent's return. Section 3 . Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows: (d) (1) Georgia resident shareholders of Subchapter `S' corporations may make an adjustment to federal adjusted gross income for Subchapter `S' corporation income where

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another state does not recognize a Subchapter `S' corporation. (2) Nonresident shareholders of a Georgia Subchapter `S' corporation must execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the Subchapter `S' corporation to be recognized for Georgia purposes. This consent agreement must be filed by the corporation with its corporate tax return. Shareholders of a federal Subchapter `S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments will not be allowed unless tax was actually paid by the corporation. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be effective for tax years beginning on or after January 1, 1989. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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PROPERTYUNCLAIMED PROPERTY; DISPOSITION BY STATE REVENUE COMMISSIONER; TIME PERIOD; INSUBSTANTIAL COMMERCIAL VALUE; PERSONS CHARGING FEES TO LOCATE UNCLAIMED PROPERTY. Code Sections 44-12-209 and 44-12-221 Amended. Code Section 44-12-222 Enacted. No. 582 (House Bill No. 487). AN ACT To amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale; to provide limitations on persons who charge fees for the location or recovery of unclaimed property which has been delivered to the commissioner; to provide for penalties for the failure to report or deliver unclaimed property to the commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, is amended by striking in its entirety Code Section 44-12-209 and inserting in its place a new Code Section 44-12-209 to read as follows: 44-12-209. (a) All abandoned property, other than money delivered to the state revenue commissioner under this article, shall, within three years after the delivery, be sold by him to the highest bidder at public sale in whatever city in the state affords, in his judgment, the most favorable market for the property involved. The state revenue commissioner may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. He need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property.

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(b) Any sale held under this Code section shall be preceded by a single publication of notice thereof at least three weeks in advance of the sale in an English language newspaper of general circulation in the county where the property is to be sold. (c) At any sale conducted by the state revenue commissioner pursuant to this article, the purchaser shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The state revenue commissioner shall execute all documents necessary to complete the transfer of title. (d) If the state revenue commissioner determines after investigation that any property delivered under this article has insubstantial commercial value of less than $100.00, he may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against any holder for or on account of any action taken by the state revenue commissioner pursuant to this subsection. Section 2 . Said article is further amended by striking in its entirety Code Section 44-12-221 which reads as follows: 44-12-221. Any person, firm, or corporation who willfully fails to render any report or to perform any other duties required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by confinement in the county or other jail not to exceed six months or by both such fine and imprisonment at the discretion of the court., and inserting in its place a new Code section to read as follows: 44-12-221. (a) A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00. (b) A person, firm, or corporation who willfully fails to pay or deliver property to the state revenue commissioner as required under this article shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.

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(c) A person, firm, or corporation who willfully refuses after written demand by the state revenue commissioner to pay or deliver as required by this article is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment. Section 3 . Said article is further amended by adding at the end thereof a new Code section to be known as Code Section 44-12-222 to read as follows: 44-12-222. (a) All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the state revenue commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the state revenue commissioner. (b) The fees charged by any person, firm, or corporation to recover or assist in the recovery for and on behalf of a claimant of property reported and delivered to the state revenue commissioner under this article shall not exceed 10 percent of the value of the property recovered. All funds or property located by a person to be compensated by the payment of such a fee shall be paid or delivered directly to the owner and may not be paid or delivered to the person to receive the fee whether pursuant to a duly executed power of attorney or otherwise. Section 4 . This Act shall become effective on July 1, 1989. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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REVENUE AND TAXATIONCORPORATE NET WORTH TAX; DUE DATE. Code Sections 48-13-77 and 43-13-78 Amended. No. 583 (House Bill No. 489). AN ACT To amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, is amended by striking Code Section 48-13-77, relating to tax returns and payments, and inserting in its place a new Code section to read as follows: 48-13-77. Each corporation subject to the tax imposed by this article shall file a return and pay the tax due on the fifteenth day of the third calendar month following the beginning of its tax period. The commissioner may authorize combining the return required by this Code section with the state income tax return required by law. The return shall be signed and sworn to by an officer of the corporation and shall be forwarded to the commissioner. Section 2 . Said article is further amended by striking Code Section 48-13-78, relating to time and effect of tax payments, and inserting in its place a new Code section to read as follows: 48-13-78. The tax imposed by this article shall be paid to the commissioner on or before the fifteenth day of the third calendar month beginning with the first calendar month of the tax period. Except as otherwise provided by law, the payment of

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the tax shall authorize the corporation to exercise the privilege provided in Code Section 48-13-72 in any county of this state. The payment of this tax shall not be construed to relieve a corporation or its agents of any other license or occupation tax. 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 tax years beginning on and after January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INSURANCESECURITY DEPOSITS; POSSESSION BY COMMISSIONER OF INSURANCE. Code Section 33-1-2 Amended. No. 584 (House Bill No. 510). AN ACT To amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, so as to provide for forms of security deposits that shall be acceptable for possession by 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 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, is amended by inserting immediately following paragraph (5) a new paragraph; to be designated as paragraph (5.1), to read as follows:

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(5.1) `Security,' `security deposit,' `special deposit,' or `deposit,' when used to refer to posted deposits required to be placed in the possession of the Commissioner, shall mean the actual physical evidence of a security, such as a certificate, or an entry made through the federal reserve book-entry system. The federal reserve book-entry shall be limited in meaning to the computerized systems sponsored by the United States Department of Treasury and certain agencies and instrumentalities of the United States for holding and transferring securities of the United States government and such agencies and instrumentalities, respectively, in federal reserve banks through banks which are members of the federal reserve system or which otherwise have access to such computerized systems. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INSURANCEINVESTMENTS OF INSURERS; VARIABLE ANNUITY CONTRACTS; PENSION, RETIREMENT, OR PROFIT-SHARING PLANS. Code Section 33-11-34 Amended. No. 585 (House Bill No. 513). AN ACT To amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, is amended by striking in its entirety subsection (f) of Code Section 33-11-34, relating to the establishment of separate accounts for funds received in connection with pension, retirement, and profit-sharing accounts, and inserting in lieu thereof a new subsection (f) to read as follows: (f) If the agreement provides for payment of benefits in variable amounts, any contract entered into pursuant to this chapter and delivered in this state providing for such variable benefits shall be a group annuity contract. Such contract shall: (1) Cover at least ten persons at the time it is entered into; (2) Be for the purpose of funding a pension, retirement, or profit-sharing plan or agreement which meets the requirements for qualification under Section 401, 403, or 414 of the United States Internal Revenue Code, as now or hereafter amended, or any corresponding provisions of prior or subsequent United States revenue laws; and (3) Prohibit the allocation to the separate account of any payment or contribution made by any employee. The contract shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of such variable benefits. The contract and any group certificate issued under the contract shall state that such dollar amount may decrease or increase and shall contain on its first page, in a prominent position, a statement that the benefits under the contract are on a variable basis. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. STATE GOVERNMENTGREAT SEAL OF THE STATE; USE OR DISPLAY; COMPAIGN POSTERS, SIGNS, OR ADVERTISEMENTS. Code Section 50-3-32 Enacted. No. 586 (House Bill No. 529). AN ACT To amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to authorize certain officers and officials to use or display the great seal or a facsimile of the state emblem; to prohibit certain use or display of the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office; to provide for a definition; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, is amended by adding a new Code section at the end thereof, to be designated Code Section 50-3-32, to read as follows: 50-3-32. (a) As used in this Code section, the term `election' means any primary election; run-off election, either primary or general; special election; general election; or recall election.

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(b) Every constitutional officer; every official elected state wide; the executive head of every state department or agency, whether elected or appointed; each member of the General Assembly; and the executive director of each state authority shall be authorized to use or display the great seal or a facsimile of the state emblem for official state purposes and, in addition, each of the officials enumerated in this subsection who are elected officials shall be authorized to use or display the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office. (c) Except as otherwise authorized by Code Section 50-3-31 or subsection (b) of this Code section, it shall be unlawful for any person, firm, corporation, or campaign committee to use or display the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office in such a manner as to falsely suggest or imply that the person on whose behalf the same is used is at the time a holder of a public office for which a commission bearing said seal is used. (d) Any person who violates any provision of subsection (c) 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 10, 1989.

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GEORGIA FIRE SPRINKLER ACTDEFINITIONS; LIABILITY INSURANCE; CIVIL PENALTIES; CRIMINAL OFFENSES. Code Section 25-11-2, 25-11-4, and 25-11-10 Amended. No. 587 (House Bill No. 535). AN ACT To amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the Georgia Fire Sprinkler Act, so as to change provisions relating to the regulation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties; to define criminal offenses and provide for criminal sanctions; 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 25 of the Official Code of Georgia Annotated, the Georgia Fire Sprinkler Act, is amended by striking paragraphs (2), (5), and (6) of Code Section 25-11-2, relating to definitions of terms, and inserting in their respective places new paragraphs to read as follows: (2) `Certificate holder' means an individual who has satisfactorily met the requirements of Code Section 25-11-4 and who is the full-time owner, partner, or officer of the company or corporation or such employee who performs or supervises the installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water-spray system. (5) `Fire protection sprinkler system' means a system of overhead and underground piping designed in accordance with fire protection engineering standards. The system is supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir, or pressure tank or underground piping to a city main. The portion of the sprinkler system

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aboveground and underground is considered the fire protection sprinkler system for purposes of this chapter as is any portion of the aboveground and underground supply piping, once dedicated exclusively to the use of the fire protection system, which is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler systems shall include the following types: wet-pipe systems, dry-pipe systems, preaction systems, deluge systems, combined dry-pipe and preaction systems, antifreeze systems, circulating systems, and closed loop systems. (6) `Water-spray system' means a special fixed pipe system connected to a reliable source of fire protection water supply and equipped with water-spray nozzles for specific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve which initiates the flow of water. An automatic valve is activated by operation of automatic detection equipment, hydraulic, pneumatic, or electrically operated, normally installed in the same areas as the water-spray nozzles. The system is supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir, or pressure tank or underground piping to a city main. The portion of the system aboveground and underground is considered the water-spray system for purposes of this chapter. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 25-11-4, relating to issuance and renewal of certificates of competency, and inserting in its place a new subsection (c) to read as follows: (c) (1) If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of competency in the name of the applicant. Such certificate shall expire annually on December 31 of each year and shall be nontransferable.

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(2) The Commissioner may not issue or renew a certificate of competency, unless the applicant provides proof of comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $300,000.00 and shall cover any loss to property or personal injury caused by the fire protection sprinkler contractor. The policy must be purchased from an insurer authorized to do business in Georgia. (3) In no case shall a certificate holder be allowed to obtain a certificate of competency for more than one fire protection sprinkler contractor at a time. If the certificate holder should leave the employment of a fire protection sprinkler contractor, he must notify the Commissioner within 30 days. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 25-11-10, relating to injunctive relief, and inserting in its place a new subsection to read as follows: (a) Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner or his deputy or assistant may issue and deliver to the individual an order to cease and desist such violation. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law. In addition, the Commissioner may impose a penalty, not to exceed $250.00, for each day the violation exists. Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of a certificate of competency. Decisions under this subsection may be appealed as provided by law. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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INSURANCEINSURERS; CHANGE OF DOMICILE; CONTINUATION OF CERTIFICATE OF AUTHORITY AND APPROVALS; MERGER; CONSOLIDATION. Code Section 33-3-28 Enacted. No. 588 (House Bill No. 566). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state; to provide a means for the continuation of a certificate of authority and other approvals pertaining to any foreign insurer which transfers its corporate domicile to another state by merger or consolidation or any other lawful method; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, is amended by adding immediately following Code Section 33-3-27, relating to reports of awards under medical malpractice insurance policies, a new Code section, to be designated Code Section 33-3-28, to read as follows: 33-3-28. (a) Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of this title relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a location in this state. Upon satisfaction of such requirements, the insurer shall be issued a certificate of authority and license to transact business in this state and shall be subject to the authority and jurisdiction of this state as a domestic insurer.

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The redomesticated insurer may choose to retain its original date of incorporation in lieu of its date of redomestication, provided that the retention of an earlier incorporation date shall not affect the operation or application of other laws. (b) Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance and, upon such a transfer, shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. The Commissioner shall approve any such proposed transfer unless the Commissioner determines such transfer is not in the best interest of the policyholders of this state. (c) The certificate of authority, agent appointments and licenses, rates, and other items which the Commissioner allows, in his discretion, and which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon such transfer if such insurer remains duly authorized to transact the business of insurance in this state. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner. Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner. Every such transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any forms, documents, or amendments to forms or documents with the Commissioner. The Commissioner may promulgate rules and regulations necessary to carry out the purposes of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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STATE GOVERNMENTSTATE LIBRARY; STATE LAW LIBRARY; DOCUMENTS, PUBLICATIONS, AND REPORTS OF STATE DEPARTMENTS; GEORGIA LAWS; JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES. Code Section 20-5-2 and 45-13-22 Amended. Code Title 50, Chapter 11 Amended. No. 589 (House Bill No. 587). AN ACT To amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians; to revise the duties of the state librarian and to transfer certain powers and duties of the state librarian to the State Board of Education and to the Secretary of State; to provide for a state law librarian rather than a state librarian and a State Law Library rather than a State Library; to provide for the elimination of certain powers and duties of the librarian; to delete the duty of the librarian as the exchange officer of this state for the purpose of a regular exchange of public documents between this state and other states; to provide that the State Law Library shall be a depository of federal documents; to delete the duty of the librarian to distribute and sell the bound volumes of the laws and journals; to provide that the librarian may transfer books and other library holdings to the Department of Archives and History, the State Board of Education, and the Board of Regents of the University System of Georgia; to provide that the Department of Archives and History, the State Board of Education, and the Board of Regents of the University System of Georgia are empowered to accept from the librarian the transfer of books and other library holdings; to provide that books and other library holdings which become obsolete, defective, wornout, or surplus, or otherwise in the discretion of the librarian not required in the operation of the library may be sold, destroyed, or otherwise disposed of by the librarian; to designate the collection of

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books of the State Board of Education as the State Library; to require each department to report to the State Board of Education its public documents issued each year; to require each department to submit to the State Board of Education copies of its public documents; to require the Governor and other officers who make reports to the General Assembly to furnish the State Board of Education with copies thereof; to require state agencies that print public documents to make reports to the State Board of Education; to authorize the State Board of Education to supply copies of public documents to other institutions; to authorize the State Board of Education to act as exchange agent with other states; to authorize the State Board of Education to dispose of books and other library holdings; to authorize the state board to employ the necessary personnel; to provide that the Secretary of State shall distribute the bound volumes of the session laws and the journals of the House and Senate; to provide for notice to the Secretary of State by any member of the General Assembly who does not wish to receive a copy of the House or Senate journals; to provide that the Secretary of State shall reserve certain copies of the session laws and House and Senate journals; to authorize the Secretary of State to sell or otherwise to dispose of such laws and journals; to provide that the chief judge of the superior courts of any judicial circuit may have discontinued or restored the distribution of the session laws to the county; to authorize the chief judge of the superior courts of any judicial circuit to have discontinued or restored the distribution of the journals; to provide that the Secretary of State shall act as the exchange officer of the state for the purpose of exchange of the session laws and House and Senate journals with other states; 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 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, is amended by striking Code Section 50-11-1, relating to definitions of terms, and inserting in its place a new Code Section 50-11-1 to read as follows: 50-11-1. As used in this chapter, the term: (1) `Librarian' means the state law librarian whose duties are set forth in this chapter.

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(2) `Library' means the State Law Library provided for in this chapter. Section 2 . Said chapter is further amended by striking Code Section 50-11-5, relating to exchange of documents, and inserting in its place a new Code Section 50-11-5 to read as follows: 50-11-5. The library shall be the State Library for purposes of 44 U.S.C. Section 1903, relating to the distribution of federal government documents to state libraries. Section 3 . Said chapter is further amended by repealing in their entirety Code Section 50-11-7, relating to providing the librarian with copies of reports to the General Assembly, and Code Section 50-11-8, relating to reports and supplies of public documents, and inserting in their place the following: 50-11-7. Reserved. 50-11-8. Reserved. Section 4 . Said chapter is further amended by striking Code Section 50-11-9, relating to the transfer, sale, destruction, or other disposal of books and other library holdings, and inserting in its place a new Code Section 50-11-9 to read as follows: 50-11-9. The librarian may transfer books and other library holdings to the Department of Archives and History, the State Board of Education, and the Board of Regents of the University System of Georgia, each of which is empowered to accept such transfers. Books and other library holdings which are obsolete, defective, worn-out, or surplus, or otherwise in the discretion of the librarian are not required in the operation of the library, may be sold, destroyed, or otherwise disposed of by the librarian, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45, relating to the disposition of surplus state books. Section 5 . Said chapter is further amended by repealing in its entirety Code Section 50-11-10, relating to distribution and sale of laws and journals, and inserting in its place the following:

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50-11-10. Reserved. Section 6 . Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Board of Education with respect to library activities, is amended by adding at the end thereof new subsections (d) through (l) to read as follows: (d) The collection of books, periodicals, documents, and other library materials held by the state board is designated as the State Library. (e) Each department and institution within the executive branch of state government shall make a report to the state board on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The report shall also contain a statement noting the frequency of publication of each such public document. The state board may disseminate copies of the lists, or such parts thereof, in such form as the state board, in its discretion, deems shall best serve the public interest. For purposes of this article, `public documents' shall mean the books, magazines, journals, pamphlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bureau, commission, or other institution of the executive branch of state government. (f) Each department and institution within the executive branch of state government shall submit to the state board at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the state board requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted. (g) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall furnish

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the state board with at least five copies of each of such reports and additional copies upon request of the state board. (h) The Department of Administrative Services, the Georgia Correctional Industries Administration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the state board on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month. (i) The state board shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the state board deems appropriate. (j) The state board shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are required to deposit with the state board for that purpose up to 50 copies of each of their public documents, as may be specified by the state board. (k) The state board may transfer books and other library holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn-out, or surplus, or otherwise in the discretion of the state board are not required in the operation of the State Library, may be sold, destroyed, or otherwise disposed of by the state board, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45, relating to the disposition of surplus state books. (l) The state board shall have the authority to employ the necessary personnel, including documents librarians and other professional personnel, to carry out the powers and duties set forth in this Code section.

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Section 7 . Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, is amended by striking Code Section 45-13-22, relating to the powers and duties of the Secretary of State, and inserting in its place a new Code section to read as follows: 45-13-22. (a) 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. (b) The Secretary of State shall make distribution of the bound volumes of the session laws and journals of the House and Senate. Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment and shall be turned over to his successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the following distributions: (1) Georgia Session Laws: (A) Executive: (i) Law Department (including State Law Library) 33 sets (which numbers may be increased or decreased by request of the Attorney General) (ii) (I) Secretary of State eight sets (II) Exchange and dispository programs: Each foreign government authority participating one set Each state participating one set Library of Congress two sets (iii) University System of Georgia: (I) Georgia Institute of Technology one set (II) University of Georgia 52 sets (iv) State departments and agencies as appropriate Those needing session laws should notify the Secretary of State in writing of their needs. Such requests may be filled in whole or in part as the Secretary of State deems appropriate. (B) Judicial: (i) Appellate courts: (I) Supreme Court of Georgia 12 sets (which number may be increased or decreased upon written order of the Chief Justice) (II) Court of Appeals of Georgia 13 sets (which number may be increased or decreased upon written order of the Chief Judge) (III) Administrative Office of the Courts one set (ii) Circuit and county courts: (I) Superior court: Judges (each) one set Clerks (each) one set (II) District attorneys: Fulton County two sets All others (each) one set (III) Judge of the probate court (each county): Three sets as follows: one set to be retained for the judge's own use; one set to be issued to the county attorney; and one set to be placed in the county law library, if any, and if no library is maintained, this set is to be retained in the judge's office for use by the general public. (IV) Newly created superior court circuits or judge-ships as appropriate (iii) (I) State courts and magistrate courts (each) one set (II) Newly created state courts or magistrate courts as appropriate (iv) Federal courts: (I) United States Supreme Court one set (II) United States Court of Appeals Eleventh Circuit one set (III) United States district courts, Georgia six sets (C) Legislative: (i) Clerk, House of Representatives five sets (ii) General Assembly (each member) one set (iii) House Judiciary Committee one set (iv) House Majority Leader one set (v) House Minority Leader one set (vi) Legislative Budget Analyst one set (vii) Legislative Counsel (which number may be increased upon written order of the Legislative Counsel) 15 sets (viii) Legislative Fiscal Officer one set (ix) President of the Senate one set (x) President pro tempore of the Senate one set (xi) Secretary of the Senate three sets (xii) Speaker of the House one set (xiii) Senate Judiciary Committee one set (D) Recipients not named herein but named on the State Librarian's distribution list for 1988 (each) one set The Secretary of State shall add or delete such names as he deems appropriate. (2) Journals of the House and Senate: (A) Executive: (i) Law Department (including the State Law Library) (which numbers may be increased or decreased upon written request of the Attorney General) four sets (ii) (I) Secretary of State two sets (II) Archives, state one set (III) Historical Society, Georgia two sets (IV) Exchange and depository programs: Each foreign government authority participating one set Each state participating one set Library of Congress two sets (iii) University System of Georgia: (I) Augusta College one set (II) Georgia Institute of Technology one set (III) Georgia State University one set (IV) University of Georgia seven sets (iv) (I) State departments and agencies as appropriate (II) Administrative Services, Department of one set (III) Human Resources, Department of one set Other agencies needing House and Senate journals shall notify the Secretary of State in writing of their needs. Such request shall be filled in whole or in part as the Secretary of State deems appropriate. (B) Judicial (i) Appellate courts: (I) Supreme Court of Georgia as requested in writing by the Chief Justice (II) Court of Appeals of Georgia as requested in writing by the Chief Judge (ii) Circuit and county courts: Judge of the probate court (each county) one set (C) Legislative: (i) General: (I) Legislative Counsel five sets (which numbers may be increased or decreased upon written request of the Legislative Counsel) (II) Legislative Fiscal Officer nine sets (ii) House of Representatives: (I) Each member one set (II) Speaker of the House one set (III) Clerk, House of Representatives three sets (IV) House Judiciary Committee one set (V) House Majority Leader one set (VI) House Minority Leader one set (iii) Senate: (I) Each member one set (II) President of the Senate one set (III) President pro tempore of the Senate one set (IV) Secretary of the Senate three sets (V) Senate Judiciary Committee one set (D) Recipients not named herein but named on the State Librarian's distribution list as of 1988 (each) one set The Secretary of State may add or delete such names as he deems appropriate. (c) If any member of the General Assembly does not wish to receive a copy of the House or Senate journals, or both, the member shall notify the Secretary of State in writing, on a form provided by the Secretary of State, within 60 days of the close of the session. (d) The Secretary of State shall reserve 50 copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he shall hold in reserve 25 copies of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State. (e) Notwithstanding the provisions of division (b)(1)(B)(ii) of this Code section, regarding distribution of sets of session laws to superior courts and to judges of the probate court, the cheif judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the need therefor, upon written request to the Secretary of State. In any event, at least one set of each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public. (f) Notwithstanding the provisions of subparagraph (b)(2)(B) of this Code section regarding distribution of journals to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the need therefor, upon written request to the Secretary of State.

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(g) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government. The session laws and journals of the House and Senate received in exchange from other states and foreign governments shall become a part of the collection of the State Law Library. 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 10, 1989. EDUCATIONPUBLIC SCHOOLTEACHERS' HEALTH INSURANCE PLAN; RETIRED AND RETIRING TEACHERS AND DEPENDENTS. Code Sections 20-2-880 and 20-2-885 Amended. Code Section 20-2-897 Enacted. No. 590 (House Bill No. 606). AN ACT To amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term public schoolteacher; to provide that contracts

Page 1144

for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board; to provide that contracts for health insurance for public schoolteachers who retired prior to a certain date shall be defined by regulations of the board; to remove language pertaining to the payment of premiums by retired public schoolteachers; to provide that coverage available under the public schoolteachers' health insurance plan shall be subordinated to the coverage available to retired or retiring public schoolteachers under an insurance program operated by or on behalf of the federal government; to provide for confidentiality of health insurance records; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, is amended by striking paragraph (4) of Code Section 20-2-880, relating to definitions pertaining to the public schoolteachers' health insurance plan, in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows: (4) `Public schoolteacher,' `teacher,' and `employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. `Public schoolteacher,' `teacher,' and `employee' also mean librarians and other personnel employed by regional and county libraries or the high school program of Georgia Military College. `Public schoolteacher,' `teacher,' and `employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public schoolteacher retirement system in this state. `Public schoolteacher,' `teacher,' and `employee' shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority.

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Section 2 . Said subpart is further amended by striking Code Section 20-2-885, relating to the coverage for retirees and their dependents, premiums, employer contributions and administration, and election as to participating or withdrawing, in its entirety and substituting in lieu thereof a new Code Section 20-2-885 to read as follows: 20-2-885. (a) The contract or contracts shall provide for health insurance for retiring public schoolteachers and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which a retiring public schoolteacher may elect to participate in or withdraw from the plan. (b) The contract or contracts shall provide for health insurance for retired public schoolteachers who retired prior to January 1, 1979, and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired teachers or may be appropriated to the Department of Education. The board shall adopt regulations prescribing the conditions under which a retired employee may elect to participate in or withdraw from the plan. (c) If a retiring or retired public schoolteacher or the beneficiary of such retiring or retired public schoolteacher exercises eligibility under board regulations to continue coverage under the plan and the retiring or retired public schoolteacher or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of 42 U.S.C.A. 1395, as amended, the coverage available under the public schoolteachers' health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retiring or retired public schoolteacher or beneficiary to reflect the subordination of coverage. Section 3 . Said subpart is further amended by adding a new Code Section 20-2-897 at the end thereof to read as follows:

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20-2-897. Claim forms and other records which would disclose the nature of the health services provided to an insured shall be maintained on a confidential basis by the health insurance plan. No person shall disclose such records or information to any other person except as necessary for the proper administration of the health insurance plan. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. EDUCATIONPUBLIC SCHOOL EMPLOYEES' HEALTH INSURANCE PLAN; DEFINITIONS; SUBORDINATION OF COVERAGE; CONFIDENTIALITY OF RECORDS. Code Sections 20-2-910 and 20-2-915 Amended. Code Section 20-2-925 Enacted. No. 591 (House Bill No. 608). AN ACT To amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change definition of the term public school employee; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees under an insurance program operated by or on behalf of the federal government; to provide for confidentiality of health insurance records; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, is amended by striking paragraph (3) of Code Section 20-2-910, relating to definitions pertaining to the public school employees' health insurance plan, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) `Public school employee' means an `employee' as defined in paragraph (20) of Code Section 47-4-2. `Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term `public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60 percent of the time required to carry out the duties of such position. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority. Section 2 . Said subpart is further amended by adding a new subsection (c) at the end of Code Section 20-2-915, relating to coverage for retiring and retired public school and certain community college employees and dependents, to read as follows: (c) If a retiring or retired public school employee or the beneficiary of such retiring or retired public school employee exercises eligibility under board regulations to continue coverage under the plan and the retiring or retired public school employee or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of 42 U.S.C.A. 1395, as amended, the coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retiring or retired public school employee or beneficiary to reflect the subordination of coverage.

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Section 3 . Said subpart is further amended by adding a new Code Section 20-2-925 at the end thereof to read as follows: 20-2-925. Claim forms and other records which would disclose the nature of the health services provided to an insured shall be maintained on a confidential basis by the health insurance plan. No person shall disclose such records or information to any other person except as necessary for the proper administration of the health insurance plan. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. STATE EMPLOYEES' HEALTH INSURANCE PLANPERSONS WHO WORK FULL TIME REDEFINED; SUBORDINATION OF COVERAGE; PAYMENT OF BENEFITS; CONFIDENTIALITY OF RECORDS. Code Sections 45-18-1, 45-18-2, and 45-18-17 Amended. Code Section 45-18-19 Enacted. No. 592 (House Bill No. 613). 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 change the definition of the term person who works full time; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program; to remove certain language pertaining to the payment of benefits; to provide for confidentiality of health insurance records; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 1149

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 paragraph (3) of Code Section 45-18-1, relating to definitions pertaining to the state employees' health insurance plan, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) `Person who works full time' means an individual who works at least 30 hours per week and whose employment is intended to be a continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration. Notwithstanding this definition or any other provision of this article, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority. Section 2 . Said article is further amended by striking Code Section 45-18-2, relating to the authorization of the State Personnel Board to establish a health insurance plan, the adoption of rules and regulations, and provisions of the plan generally, in its entirety and substituting in lieu thereof a new Code Section 45-18-2 to read as follows: 45-18-2. (a) The board is authorized to establish a health insurance plan for employees of the state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this article. The health insurance plan may provide for group hospitalization and surgical and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity benefits, including major medical benefits. (b) If a retiring or retired employee or the beneficiary of such retiring or retired employee exercises eligibility under board

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regulations to continue coverage under the plan and the retiring or retired employees or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of 42 U.S.C.A. 1395, as amended, the coverage available under the health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retired employee or beneficiary to reflect the subordination of coverage. Section 3 . Said article is further amended by striking Code Section 45-18-17, relating to the requirement that all employees become members of the plan unless coverage is rejected or waived and to withdrawal from the plan by certain persons, in its entirety and substituing in lieu thereof a new Code Section 45-18-17 to read as follows: 45-18-17. (a) All persons who become state employees as defined in this article and who are eligible as specified in the rules and regulations of the board shall become members of this health insurance program unless the employee rejects or waives such coverage in writing. (b) Any annuitant or person appointed to an emeritus position or any person eligible to be covered by the medical care for the aged program of the Social Security Administration, which person is included in the coverage of any health insurance plan established as provided in this article, may withdraw from such plan and discontinue his coverage thereunder in such manner as may be provided by rules and regulations promulgated and adopted by the board. In the event any such annuitant or person appointed to an emeritus position withdraws from such plan and discontinues his coverage thereunder, coverage of his spouse and dependent child or children shall likewise be withdrawn and coverage thereunder discontinued. Section 4 . Said article is further amended by adding a new Code Section 45-18-19 at the end thereof to read as follows: 45-18-19. Claim forms and other records which would disclose the nature of the health services provided to an insured shall be maintained on a confidential basis by the health insurance plan. No person shall disclose such records or information

Page 1151

to any other person except as necessary for the proper administration of the health insurance plan. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. INSURANCEFEES AND TAXES IMPOSED BY COUNTIES; USE OF PROCEEDS; SERVICES IN INCORPORATED AREAS; SPECIAL DISTRICTS; BUDGETS. Code Section 33-8-8.3 Amended. No. 593 (House Bill No. 617). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change certain provisions relating to the funding of services and reduction of ad valorem taxes in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes; to provide for reduction of certain ad valorem taxes in certain special districts; to change the provisions relating to the adoption of budgets utilizing any of the funds derived from certain taxes; 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 certain fees and taxes with respect to insurance, is amended by striking Code Section 33-8-8.3, relating to the funding of services in unincorporated areas of counties levying tax under such chapter, and inserting in its place a new Code Section 33-8-8.3 to read as follows:

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33-8-8.3. (a) 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 directly or by intergovernmental contract as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia: (A) Police protection, except such protection provided by the county sheriff; (B) Fire protection; (C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; (E) In the discretion of the governing authority of the county, such other services as may be provided by the county governing authority solely to the inhabitants of the unincorporated area of the county; 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 subsection 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 subsection. (b) Application of the proceeds of any tax provided for in this chapter to reduce an ad valorem tax levy used to fund the provision of any service enumerated in paragraph (1) of subsection (a) of this Code section to inhabitants of a special district or

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districts in the unincorporated area by a municipality pursuant to a contract with a county shall be at the sole discretion of the county governing authority; provided, however, that the entire unincorporated area of the county must be located within the boundaries of one or more such districts. (c) In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Sections 33-8-8.1 and 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 subsection (a) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of subsection (a) 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) of subsection (a) of this Code section. Such provisions shall be spread on the minutes of the meeting at which such budget is adopted. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. SHERIFFS' RETIREMENT FUND OF GEORGIAFEES IN CIVIL ACTIONS; PENALTIES AND INTEREST FOR LATE PAYMENT. Code Section 47-16-61 Amended. No. 594 (House Bill No. 643). AN ACT To amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to provide penalties and interest for late payment of amounts due to the system; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) If the person or authority whose duty it is to collect and remit moneys to the secretary-treasurer under subsection (a) or subsection (b) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the moneys continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys become delinquent until they are paid. By affirmative vote of all the members, the board upon the payment of the delinquent moneys, together with interest, for good cause shown may waive the specific penalty otherwise charged under 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 10, 1989.

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GUARDIAN AND WARDCHANGE OF RESIDENCE BY GUARDIAN; JURISDICTION OF PROBATE COURT; VALUE OF PROPERTY OF A CHILD; TORTS; RELEASES. Code Sections 29-2-70, 29-4-2, and 29-4-17 Amended. No. 595 (House Bill No. 733). AN ACT To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust; to provide that in cases where an action is pending or the probate court of jurisdiction has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction; to provide that the probate court of original jurisdiction shall also retain authority to appoint a successor guardian; to provide that if the value of the property of the child is $5,000.00 or less, no legally qualified guardian shall be required to receive such property and where the value is greater than $5,000.00 but less than $10,000.00, the judge of the probate court shall have the discretion to decide whether to require a legally qualified guardian; to provide that if a settlement is for $5,000.00 or less, the natural guardian may execute a release without the approval of the court of record; to provide that the judge of the probate court may authorize any natural guardian to compromise any settlement approved by the court of at least $5,001.00 but not greater than $10,000.00 without becoming the legally qualified guardian; to provide that if a legal action is initiated by a natural guardian as next friend and a settlement greater than $5,001.00 but less than $10,000.00 is proposed, the judge presiding over such action may authorize such natural guardian to compromise and terminate such claim and receive any sums thereof without becoming the legally qualified guardian; to provide that the natural guardian shall hold and use such money for the benefit of the child; to provide that the natural guardian shall be accountable for such money; to provide that in settlements in excess of $10,000.00, the natural guardian shall apply to become the legally

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qualified guardian and shall be required to file bond; to provide that debts shall be paid upon receipt of an affidavit stating that the personal property value does not exceed $5,000.00; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking Code Section 29-2-70, relating to removal of trust to county of guardian's residence, procedure, and liabilities of sureties, in its entirety and inserting in lieu thereof a new Code Section 29-2-70 to read as follows: 29-2-70. (a) A guardian whose county of residence is or becomes a county other than the county of his appointment may remove the trust to the jurisdiction of the judge of the probate court of his own county. (b) In order to remove his trust to the county of his residence, the guardian shall first give bond and good security to the judge of the probate court of such county as if the guardian had first been appointed by him; a certificate to this effect shall be filed with the judge of the probate court by whom the guardian was appointed. Thereupon, the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust to the judge of the probate court of the county of the guardian's residence. The guardian shall obtain properly authenticated certified copies of all the records concerning his guardianship and of the order transferring the same to the county of his residence from the judge by whom he was appointed. The certified copies shall be filed with and recorded by the judge of the guardian's county of residence, who shall then have the same jurisdiction over the guardian as if the guardian had been first appointed by him. (c) Following removal of the trust to the county of the guardian's residence, every case growing out of or affecting the trust shall be heard and tried only in that county to which the trust has been removed. (d) The sureties upon the guardian's first bond shall be liable only for misconduct of the guardian up until the giving of

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new bond and security. The sureties upon the new bond shall be liable for both past and future misconduct of the guardian. (e) In any case where an action is pending or the probate court has issued an order for an accounting or removal of a guardian, the guardian shall not be discharged and the probate court of original jurisdiction shall not lose jurisdiction by virtue of the fact that the guardian has changed his residence to another county or has initiated proceedings to remove the trust to another jurisdiction. The probate court of original jurisdiction shall also retain authority to appoint a successor guardian. Section 2 . Said title is further amended by striking Code Section 29-4-2, relating to natural guardians of minor children, in its entirety and inserting in lieu thereof a new Code Section 29-4-2 to read as follows: 29-4-2. (a) Unless otherwise provided in this Code section, if both parents are alive, either parent is the natural guardian of a minor child. If a parent is dead or if the parents are legally separated or divorced, the parent having custody of the child is the natural guardian. (b) The natural guardian may not demand or receive the property of the child until such natural guardian becomes the legally qualified guardian of the property of such child by the judge of the probate court; provided, however, that, where the value of the property of the child is $5,000.00 or less, no legally qualified guardian will be required, and where the value of the property is greater than $5,000.00 but less than $10,000.00, whether or not a legally qualified guardian of the property will be required shall be in the discretion of the judge of the probate court. (c) If the natural guardian fails or refuses to qualify as guardian of the property when required pursuant to subsection (b) of this Code section, the judge of the probate court may appoint another guardian to receive the property without publishing a citation as is published in guardianship matters under other Code sections. (d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal

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injury sustained by such child, the following provisions shall apply: (1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record; (2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same; (3) If legal action has been initiated against the tortfeasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and (4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.

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Section 3 . Said title is further amended by striking Code Section 29-4-17, relating to when a debt may be paid, property delivered, or stocks and bonds issued or transferred to parent of a minor child without an appointment of a guardian, in its entirety and inserting in lieu thereof a new Code Section 29-4-17 to read as follows: 29-4-17. (a) Upon receiving an affidavit (1) that the personal property of a minor does not exceed $5,000.00 in value, (2) that no guardian has been appointed for his estate, and (3) that the affiant is the parent having custody, any person or corporation indebted to or holding personal property of the minor shall be authorized to pay the amount of indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified guardian of the minor and shall not be required to see to the application or disposition of the property. (b) The parent making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the same for the benefit of the minor, as in his judgment may be just and proper, and shall not be required to report or account to the minor concerning the application, use, or disposition of the property. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989.

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GEORGIA HISTORIC PRESERVATION ACTCITIES AND COUNTIES; EXEMPTIONS; LOCAL ORDINANCES. Code Section 44-10-23 Amended. No. 596 (House Bill No. 799). AN ACT To amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article; 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 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, is amended by striking Code Section 44-10-23, relating to exemptions, and inserting in its place a new Code Section 44-10-23 to read as follows: 44-10-23. Cities or counties which have adopted ordinances relative to planning and zoning for historic purposes as of March 31, 1980, under authority granted by a local constitutional amendment or by any other means, including cities or counties which have subsequently replaced or amended in whole or in part such ordinances, shall not be required to comply with this article and are authorized to create and regulate historic districts, zones, or sites pursuant to their existing local historic preservation ordinances. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. NUISANCESCOUNTIES AND MUNICIPALITIES; AUTHORITY TO REPAIR, CLOSE, OR DEMOLISH BUILDINGS AND STRUCTURES IN WHICH DRUG CRIMES ARE BEING COMMITTED. Code Sections 41-2-7, 41-2-8, 41-2-9, 41-2-10, and 41-2-11 Amended. No. 597 (House Bill No. 810). 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 authorize counties and municipalities to repair, close, or demolish certain buildings or structures in which drug crimes are being committed; to define a certain term; to provide for county or municipal ordinances relating to certain buildings or structures in which drug crimes are being committed; to provide procedures for repairing, closing, or demolishing certain buildings or structures in which drug crimes are being committed; to provide for the determination by public officers that a dwelling, building, or structure is being used in connection with the commission of drug crimes; to provide for powers of public officers in regard to certain buildings or structures in which drug crimes are being committed; 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,

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is amended by striking in its entirety subsection (a) of Code Section 41-2-7, relating to the power of counties and municipalities to repair, close, or demolish unfit buildings or structures, and inserting in lieu thereof a new subsection (a) to read as follows: (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 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 calamitites; 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, or vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed, 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. Section 2 . Said chapter is further amended by striking in its entirety Code Section 41-2-8, relating to definitions, and inserting in lieu thereof a new Code Section 41-2-8 to read as follows: 41-2-8. As used in Code Sections 41-2-7 through 41-2-17, the term:

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(1) `Closing' means securing and causing a dwelling, building, or structure to be vacated. (2) `Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the `Georgia Controlled Substances Act.' (3) `Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or 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. (4) `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. (5) `Municipality' means any incorporated city within this state. (6) `Owner' means the holder of the title in fee simple and every mortgagee of record. (7) `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. (8) `Public authority' means any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.

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(9) `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. (10) `Repair' means closing a dwelling, building, or structure or the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. Section 3 . Said chapter is further amended by striking in their entirety paragraphs (2) and (3) of subsection (b) of Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: (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 unfit for human habitation or is unfit for its current commercial, industrial, or business use or is vacant, dilapidated, and being used in connection with the commission of drug crimes, 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;

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(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 or is vacant, dilapidated, and being used in connection with the commission of drug crimes, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to render it fit for human habitation or for current commercial, industrial, or business use or to vacate and close the dwelling, building, or structure as a human habitation; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, or structure. In no event shall the governing authority of any such 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;. Section 4 . Said chapter is further amended by striking in its entirety Code Section 41-2-10, relating to the determination by a public officer that a dwelling, building, or structure is unfit, and inserting in lieu thereof a new Code Section 41-2-10 to read as follows: 41-2-10. (a) 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

Page 1166

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 or for its current commercial, industrial, or business use. (b) 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 vacant, dilapidated, and being used in connection with the commission of drug crimes upon personal observation or report of a law enforcement agency and evidence of drug crimes being committed. Section 5 . Said chapter is further amended by striking in its entirety paragraph (1) of Code Section 41-2-11, relating to powers of public officers in regard to unfit buildings or structures, and inserting in lieu thereof a new paragraph (1) to read as follows: (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

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unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes;. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1989. JOEL COWAN PARKWAY DESIGNATED. No. 42 (Senate Resolution No. 35). A RESOLUTION Designating the Joel Cowan Parkway; and for other purposes. WHEREAS, Joel Cowan has long been recognized by the citizens of Peachtree City for the vital role he has played in community leadership and for his deep personal commitment to the welfare of his community; and WHEREAS, he was personally responsible for the development and implementation of the master plan from which Peachtree City was born and he served as the city's first mayor for a period of eight years; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of service to civic and charitable projects and is a charter member of the First Presbyterian Church of Peachtree City; and WHEREAS, in addition to his selfless community involvement, he has been an active participant in numerous gubernatorial assignments and is currently serving as the chairman of the Governor's Growth Strategies Commission; and

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WHEREAS, the strong ties which the Godfather of Peachtree City has developed for his community and the great affection borne for him by the citizens of this area make it particularly appropriate that he should be recognized by designation of a parkway in this area in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 74 in Fayette County between the north boundary of Fayette County and State Route 85 is designated as the Joel Cowan Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said parkway. Approved April 10, 1989. UNITED STATES ARMY CORPS OF ENGINEERSLEASE OF STATE PROPERTY IN DOUGLAS COUNTY. No. 43 (Senate Resolution No. 164). A RESOLUTION Authorizing the lease of a certain tract of state owned real property; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract of real property lying and being in Land Lots 881, 882, 930, and 931 of the 18th Land District, 2nd Section, of Douglas County, Georgia; and WHEREAS, the said tract is within the boundaries of the Sweetwater Creek State Park in the custody of the Department of Natural Resources; and

Page 1169

WHEREAS, the United States Army Corps of Engineers now owns a certain tract of land in the above-named land lots measuring 140 feet by 140 feet which contains its emergency radio relay transmitter facility; and WHEREAS, the United States Army Corps of Engineers has need to expand the facility to include a microwave relay station for the emergency high frequency SSB radio station and desires to lease lands surrounding the present facility as described below: All that tract or parcel of land lying and being in Land Lots 881, 882, 930, and 931, Eighteenth Land District, Second Section, Douglas County, Georgia, as shown on a plat of survey labeled Sweetwater Creek Microwave Tower Boundary survey, Douglas County, Georgia, dated May 1988, certified by Henry Judah GA RLS 2145, marked Exhibit A-1 attached hereto and by reference made a part hereof, and being more particularly described as follows: Beginning at a concrete monument stamped SW-1 which is S 80 01[UNK] 47[UNK] E 185.63 feet, of the Northwest corner of said Land Lot 931, and at plane coordinate position North 1,364,300.01 feet and East 363,212.00 feet based on Transverse Mercator Projection, Georgia West Zone; Thence S 45 00' 00 W 279.96 feet to a concrete monument stamped SW-4; Thence N 45 00' 00 W 480.00 feet to a concrete monument stamped SW-3; Thence N 45 00' 00 E 280.00 feet to a concrete monument stamped SW-2; Thence S 45 00' 00 E 480.01 feet, more or less, to the point of beginning. Containing 3.09 acres, more or less. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lots 881, 882, 930, and 931, Eighteenth Land District, Second Section, Douglas County, Georgia, more particularly described as follows:

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Beginning at a concrete monument stamped L-1 which is 99.00 feet S 45 00' 00 E of the Northwest corner of said Land Lot 931; Thence West 140.00 feet to a concrete monument stamped L-4; Thence North 140.00 feet to a concrete monument stamped L-2; Thence East 140.00 feet to a concrete monument stamped L-3; Thence South 140.00 feet to the point of beginning. Containing 0.45 of an acre, more or less, and designated as Tract 101 of the Microwave Relay Station Site, Sweetwater Creek, Douglas County, Georgia. Containing a net total of 2.64 acres, more or less, of which 0.03 of an acre was included in License No. DACW01-5-74-324 dated 17 December 1973 from the Department of Natural Resources of the State of Georgia, Parks and Historic Sites Division, and being a part of the land described in a Deed to the State of Georgia from Perry Kaye and Bernice Orkin Kaye, Individually, and as Trustees for Perry Kaye, Under Revocable Trust Agreement dated June 24, 1968, and recorded in Deed Book 202, pages 342 through 346 of the records in the Office of the Clerk of Superior Court of Douglas County, Georgia, and designated as Tract 105-LE of the Sweetwater Creek Microwave Relay Station; and WHEREAS, the property is not needed by the Georgia Department of Natural Resources and is therefore 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 real property described above and that, in all matters relating to the property, the State of Georgia is acting by and through its State Properties Commission.

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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 the United States Army Corps of Engineers subject to the following conditions: (1) That the term of the lease agreement shall be for a period of approximately 49 years and eight months from the date of the agreement but shall not extend beyond October 1, 2038; (2) That the consideration for the lease shall be $2,500.00 per year; (3) That this property shall not be subleased without prior written approval of the State Properties Commission; (4) 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 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 April 10, 1989.

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UNION CAMP CORPORATION AND THE BRANIGAR ORGANIZATION, INC.EXCHANGE OF STATE OWNED PROPERTY IN CHATHAM COUNTY. No. 44 (Senate Resolution No. 171). A RESOLUTION Authorizing the exchange of certain state owned real properties located in 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 properties located in Chatham County, Georgia; and WHEREAS, such real properties are under the custody of the Department of Natural Resources and are presently parts of Skidaway Island State Park; and WHEREAS, the Department of Natural Resources has determined that such real properties, consisting of: (1) a parcel of high ground at the northeast corner of the park containing 2.7423 acres; (2) a permanent and perpetual easement for ingress and egress 60 feet in width for purposes of construction of an elevated bridge, utilities, and other related facilities upon, over, through, and across an adjacent parcel of marsh; and (3) a parcel of high ground containing 7.677 acres on the eastern side of the park, all collectively having a value of $180,075.00, may be advantageously exchanged with the adjacent landowner, Union Camp Corporation or its subsidiary, The Branigar Organization, Inc., for a certain out-parcel of real property owned by Union Camp Corporation or The Branigar Organization, Inc., consisting of 17.1501 acres of equal value; and WHEREAS, Union Camp Corporation has agreed to donate an additional parcel of land containing 9.8315 acres of high land having a value of $103,231.00 to the State of Georgia; and WHEREAS, Union Camp Corporation has agreed to protect its boundary with the park from development by restricting its use or the use by The Branigar Organization, Inc., of a 50 foot wide strip of land adjacent to the park on the park's northern and eastern edges and to plant and maintain vegetation to minimize visibility between

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the road and the park, and to protect the area between the roadway as finally located and the boundary of the park for a distance of 750 feet, more or less, south of Parcel B as described in this Resolution; and WHEREAS, Union Camp Corporation and The Branigar Organization, Inc., have agreed further to protect the park by planning and constructing a proposed road, bridge, and utilities to that portion of Skidaway Island located immediately north of the park so that the road is located so as to minimize the visibility of such road from the park, so as to minimize the removal of monumental tree cover and so as to avoid as much as possible the historic fortifications and related features in the parcel to be exchanged. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the above-referenced real properties are located in Chatham County, Georgia, and are more specifically described and referred to as: PARCEL B All that tract or parcel of land situate, lying and being on the Island of Skidaway, Chatham County, Georgia, containing 2.7423 acres of high land and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of the centerlines of the Diamond Causeway and McWhorter Road on the Island of Skidaway, Chatham County, Georgia, and run thence N 1652[UNK]25[UNK]E a distance of 6727.03[UNK] to a point in the Southeasternmost line of Skidaway Island State Park; run thence N 5220[UNK]08[UNK]W a distance of 264.52[UNK] to a point; run thence N 4203[UNK]08[UNK]W a distance of 819.08[UNK] to a point; run thence N 5939[UNK]14[UNK]W a distance of 1147.88[UNK] to a point; run thence N 3700[UNK]E a distance 2112.44[UNK] to a point, which point is the POINT OF BEGINNING: From said point of beginning, running thence N 3700[UNK]E 654.99[UNK] to a point; running thence S 2804[UNK]12[UNK]E 97.80[UNK] to a point; running thence S 3329[UNK]39[UNK]W 68.84[UNK] to a point; running thence S 1602[UNK]43[UNK]W 115.57[UNK] to a point; running thence S 843[UNK]27[UNK]E 48.41[UNK] to a point; running thence S 1932[UNK]59[UNK]W 333.95[UNK] to a point; running thence S 1530[UNK]09[UNK]W 91.37[UNK] to a point; running thence N 5300[UNK]W 302.49[UNK] to a point, which point was the POINT OF BEGINNING.

Page 1174

Said parcel is more particularly shown as PARCEL B on a plat of survey dated February 6, 1989, entitled PLAT SHOWING PORTIONS OF SKIDAWAY ISLAND, CHATHAM COUNTY, GEORGIA by Boyce L. Young, Georgia Registered Professional Land Surveyor No. 2282. Said plat of survey is by reference incorporated herein and made a part hereof. PARCEL D All that tract or parcel of land situate, lying and being on the Island of Skidaway, Chatham County, Georgia, containing 7.677 acres of land, more or less, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point of intersection of the centerlines of the Diamond Causeway and McWhorter Road on the Island of Skidaway, Chatham County, Georgia, and running thence N 1652[UNK]25[UNK]E for a distance of 6727.03[UNK] to a point located on the Southeasternmost property line of Skidaway Island State Park which point is the POINT OF BEGINNING: From said point of beginning running thence N 5220[UNK]08[UNK]W 264.52[UNK] to a point; running thence N 4203[UNK]08[UNK]W 819.08[UNK] to a point; running thence N 5146[UNK]E 229.24[UNK] to a point; running thence S 5259[UNK]E 1010.35[UNK] to a point; running thence S 3701[UNK]W 380[UNK] to a point, which said point was the POINT OF BEGINNING. Said parcel of land is more particularly described as PARCEL D as more particularly shown on a plat of survey dated February 6, 1989, entitled PLAT SHOWING PORTIONS OF SKIDAWAY ISLAND, CHATHAM COUNTY, GEORGIA by Boyce L. Young, Georgia Registered Professional Land Surveyor No. 2282. Said plat of survey is by reference incorporated herein and made a part hereof. EASEMENT A permanent and perpetual easement for ingress and egress sixty (60[UNK]) feet in width upon, over, through and across the property hereinafter described, and being thirty (30[UNK]) feet on each side of the centerline of a bridge to be constructed within the area designated 60' WIDE EASEMENT FOR INGRESS

Page 1175

AND EGRESS TO BE LOCATED WITHIN THIS ZONE (hereafter referred to as the Easement Zone) as shown upon a plat of survey dated February 6, 1989 and titled, PLAT SHOWING PORTIONS OF SKIDAWAY ISLAND, CHATHAM COUNTY, GEORGIA, by Boyce L. Young, Georgia Registered Professional Land Surveyor No. 2282; said plat of survey is, by reference, incorporated herein and made a part hereof. The rights granted hereby shall include, without limiting the generality of the foregoing, the right to construct, locate, use, install, inspect, operate, maintain, repair, modify, place, replace, build or rebuild utilities, including, without limitation, gas, electric, water, sewer, cable television and telephone, an elevated bridge and other related facilities within the Easement Zone. This easement shall run with the land in favor of Union Camp Corporation or The Branigar Organization, Inc., their successors or assigns. Section 2 . That the real properties to be conveyed by Union Camp Corporation or The Branigar Organization, Inc., as consideration for the exchange of properties and as a donation are more particularly described as follows: PARCEL E All that tract or parcel of land situate, lying and being on the Island of Skidaway, Chatham County, Georgia, containing 17.1501 acres of land, more or less, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of the centerlines of the Diamond Causeway and McWhorter Road on the Island of Skidaway, Chatham County, Georgia, and run thence N 1652[UNK]25[UNK]E a distance of 6727.03[UNK] to a point located in the Southeasternmost line of Skidaway Island State Park; run thence N 5220[UNK]08[UNK] W a distance of 264.52[UNK] to a point; run thence N 4203[UNK]08[UNK]W a distance of 819.08[UNK] to a point; run thence S 5146[UNK]W a distance of 526.28[UNK] to a point, which is the POINT OF BEGINNING: From said point of beginning, running thence N 4815[UNK]16[UNK]W 1009.48[UNK] to a point; running thence S 3700[UNK]W 864.07[UNK] to a point; running thence S 5259[UNK]E 800.19[UNK] to a point; running thence N 5146[UNK]E 807.46[UNK] to a point, which point was the POINT OF BEGINNING.

Page 1176

Said parcel of land is more particularly shown as PARCEL E on a plat of survey dated February 6, 1989, entitled PLAT SHOWING PORTIONS OF SKIDAWAY ISLAND, CHATHAM COUNTY, GEORGIA by Boyce L. Young, Georgia Registered Professional Land Surveyor No. 2282. Said plat of survey is by reference incorporated herein and made a part hereof. PARCEL F All that tract or parcel of land situate, lying and being on the Island of Skidaway, Chatham County, Georgia, containing 9.8315 acres, more or less, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING commence at the intersection of the centerlines of the Diamond Causeway and McWhorter Road on the Island of Skidaway, Chatham County, Georgia, and run thence N 1652'25E a distance of 6727.03' to a point located on the Southeasternmost line of Skidaway Island State Park; run thence N 5220'08W a distance of 264.52' to a point; run thence N 423'08W a distance of 819.08' to a point, which is the POINT OF BEGINNING: From said point of beginning, running thence N 5939'14W 1147.88' to a point; running thence S 3700'W 292.38' to a point; running thence S 4815'16E 1009.48' to a point; running thence N 5146'E526.28' to a point, which was the POINT OF BEGINNING. Said parcel is more particularly shown as PARCEL F on a plat of survey dated February 6, 1989, entitled PLAT SHOWING PORTIONS OF SKIDAWAY ISLAND, CHATHAM COUNTY, GEORGIA by Boyce L. Young, Georgia Registered Professional Land Surveyor No. 2282. Said plat of survey is by reference incorporated herein and made a part hereof. Section 3 . That in all matters relating to the disposition by exchange of said real properties and the acceptance of the donation, the State of Georgia shall act by and through its State Properties Commission. Section 4 . That the Department of Natural Resources will not further develop nor allow to be developed further that portion of

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the Skidaway Island State Park that lies within 50 feet of the park's eastern and northern boundaries except as provided in an agreement entitled Purchase Option by and between the Department of Natural Resources and Union Camp Corporation. Section 5 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Natural Resources, to dispose of by exchange, during the present and following years, the record title of the State of Georgia in and to all of the real property described in Section 1 in this resolution as Parcels B and D and the EASEMENT to Union Camp Corporation or its subsidiary, The Branigar Organization, Inc., their successors or assigns for the exchange of the real property described in Section 2 in this resolution as Parcel E and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Natural Resources. Further, the State of Georgia acting by and through its State Properties Commission is authorized to accept the donation of Parcel F described in Section 2 upon the consummation of the land exchange referred to in this section. Section 6 . That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by exchange of said above-described real property to Union Camp Corporation or The Branigar Organization, Inc., their successors or assigns; provided, however, that as a part of the consideration of any such exchange the State Properties Commission should require a cultural resource mitigation plan to ensure preservation, curation, and interpretation of archaeological artifacts or salvage. Section 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8 . All laws and parts of laws in conflict with this resolution are repealed. Approved April 10, 1989.

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JOINT COUNTY AND MUNICIPAL SALES AND USE TAXSPECIAL DISTRICTS; DISTRIBUTIONS TO QUALIFIED MUNICIPALITIES. Code Section 48-8-89.3 Enacted. No. 598 (House Bill No. 220). AN ACT To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax; to provide procedures for certain qualified municipalities to request a portion of the net proceeds of the tax; to provide for procedures for the state revenue commissioner to grant or deny such requests; 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 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, is amended by adding, after Code Section 48-8-89.2, a new Code Section 48-8-89.3 to read as follows: 48-8-89.3. (a) Notwithstanding any other provision of this article to the contrary, the tax provided for in Code Section 48-8-82 shall be levied in any special district in which: (1) Prior to January 1, 1980, a joint county and municipal sales and use tax was levied pursuant to Ga. L. 1975, p. 984, Section 2 (as amended by Ga. L. 1975, Ex. Sess., p. 1729, Section 1; Ga. L. 1976, p. 1019, Sections 1-13; Ga. L. 1977, p. 1008, Section 1; Ga. L. 1978, p. 1429, Sections 1-3; Ga. L. 1978, p. 1460, Sections 1-3; Ga. L. 1978, p. 1678, Section 1; Ga. L. 1978, p. 1695, Section 1; Ga. L. 1979, p. 446, Section 1) or in which a referendum election had authorized the levying of such a tax within the special district;

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(2) The tax provided for in Code Section 48-8-82 was actually collected during the period of January 1, 1980, to January 1, 1989; and (3) There exists a qualified municipality which lies wholly or partially within the special district and which: (A) Was a qualified municipality at the time of filing of the distribution certificate most recently filed with the commissioner under Code Section 48-8-89; and (B) Was not assigned any percentage of the net proceeds of the tax under such distribution certificate. In any special district which meets the criteria specified in this subsection, the tax provided for in Code Section 48-8-82 shall be levied without regard to any past defects in compliance with the procedures specified by this article for the imposition of the tax. (b) A qualified municipality described in paragraph (3) of subsection (a) of this Code section, for which receipt of a portion of the net tax proceeds was not specified in the certificate most recently filed with the commissioner under Code Section 48-8-89, may request the commissioner to thereafter distribute a portion of the net tax proceeds to the qualified municipality as provided in this Code section. Upon receipt of such a request, the commissioner shall thereafter, unless he determines that the requesting municipality does not meet the criteria specified in this Code section, give written notice of a new distribution formula to the county which is conterminous with the special district, to the requesting qualified municipality, and to each other qualified municipality within the special district. Such new distribution formula shall be determined as follows: (1) Begin with the percentages specified in the distribution certificate most recently filed with the commissioner; (2) Assign to the requesting municipality a percentage of the net proceeds which is equal to the total percentage of the net proceeds previously distributed to all other qualified municipalities in the special district multiplied by a fraction, the numerator of which is the population of the requesting municipality and the denominator of which is the population of all qualified municipalities within the special district;

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(3) Deduct the percentage of the net proceeds so assigned to the requesting municipality from the percentages previously assigned to all other qualified municipalities within the special district, such deductions to be pro rata on the basis of population; and (4) Make no change in the percentage of the net proceeds previously distributed to the county which is conterminous with the special district. (c) This new distribution formula shall be implemented at the earliest date deemed administratively practicable by the commissioner, and the notice specified in subsection (b) of this Code section shall include such date. This new distribution formula shall remain in effect until a subsequent distribution certificate is filed and becomes effective as provided in Code Section 48-8-89. (d) For the purpose of all population based calculations under this Code section, only that portion of the population of a qualified municipality which is located within the special district shall be computed. 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 13, 1989.

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STATE BOARD OF RECREATION EXAMINERSTERMINATION DATE. Code Section 43-41-20 Amended. No. 599 (House Bill No. 8). AN ACT To amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination; 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 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 43-41-20 to read as follows: 43-41-20. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Recreation Examiners shall be terminated on July 1, 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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LIVING WILLSWITNESSES. Code Sections 31-32-3 and 31-32-4 Amended. No. 600 (House Bill No. 76). AN ACT To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to change the provisions with respect to the additional witness required when a living will is signed in a hospital or skilled nursing facility; 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 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking subsection (b) of Code Section 31-32-3, relating to the execution and form of a living will, and inserting in its place a new subsection (b) to read as follows: (b) The declaration shall be a document, separate and self-contained. A declaration executed on or after March 28, 1986, shall be in substantially the form specified in this subsection. A declaration executed on or after March 28, 1986, in substantially the form specified by prior law shall be valid and effective, except that the paragraph limiting the operation of the living will to a seven-year period shall be ineffective. The form for the declaration shall be substantially as follows:

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Section 2 . Said chapter is further amended by striking Code Section 31-32-4, relating to patients in hospitals or skilled nursing facilities, and inserting in its place a new Code Section 31-32-4 to read as follows: 31-32-4. A living will shall have no force or effect if the declarant is a patient in a hospital or skilled nursing facility at the time the living will is executed unless the living will is signed in the presence of the two witnesses as provided in Code Section 31-32-3 and, additionally, is signed in the presence of either the chief of the hospital medical staff or any physician on the medical staff who is not participating in the care of the patient, if witnessed in a hospital, or the medical director or any physician on the medical staff who is not participating in the care of the patient, if witnessed in a skilled nursing facility. 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 13, 1989.

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MOTOR VEHICLES AND TRAFFICLICENSE PLATES; REBUILT OR SALVAGE VEHICLES; DISABLED PERSONS; DEPARTMENT OF PUBLIC SAFETY; ELECTED OFFICIALS; COUNTY DECALS; CERTIFICATES OF TITLE; LIENS; ODOMETER READINGS; TEMPORARY REGISTRATION PERMITS. Code Title 40, Chapters 2 and 3 Amended. Code Section 48-10-3.1 Repealed. No. 601 (House Bill No. 131). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to provide for the issuance of disabled license plates to certain persons; to provide for exceptions to the county decal requirement on license plates; to provide for special license plates to be issued to the Department of Public Safety and certain elected officials; to provide for definitions; to provide that the certificate of title shall not be required to show the type of lien or security interest; to provide for recordation of odometer readings on certificates of title for certain motor vehicles; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Article 2 of Chapter 2, relating to registration and licensing of motor vehicles generally, a new Code Section 40-2-43 to read as follows: 40-2-43. The commissioner shall not issue a license plate or revalidation decal for any motor vehicle which is a `salvage' or `rebuilt' motor vehicle as provided in Chapter 3 of this title unless

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the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-35.1 has been performed and such vehicle has been determined to be in full compliance with the law. Section 2 . Said title is further amended by adding a new Code Section 40-2-60.1 to read as follows: 40-2-60.1. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-76. Section 3 . Said title is further amended by striking Code Section 40-2-72, relating to special license plates for disabled persons, in its entirety and inserting in lieu thereof a new Code Section 40-2-72 to read as follows: 40-2-72. (a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his agents that he has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. (b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, `hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term `hearing impaired person' shall not include any person who is not qualified for a driver's license

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pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. (c) Upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submission of satisfactory proof of disability as provided in subsection (a) of this Code section: (1) Any resident person who is the joint owner of a motor vehicle with a disabled person as prescribed in this Code section shall be authorized to obtain such specialized plates for such jointly owned vehicle; and (2) Any resident motor vehicle owner who is the spouse, parent or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such specialized plates for such vehicle. Upon the death of the disabled person or if the joint ownership of such vehicle ceases for any reason, the specialized license plate shall be canceled and the owner of such motor vehicle shall be issued a regular license plate for such vehicle. (d) The commissioner is directed to furnish such license plates as provided for in this Code section, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the commissioner may deem appropriate. (e) The commissioner may begin issuing disabled persons' license plates with the year 1976. (f) Any person who is not a disabled person as prescribed in this Code section or a person otherwise entitled to obtain such special license plates and who willfully and falsely represents himself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor. (g) Any person owning a vehicle bearing the special plates and not entitled to do so under this Code section shall be guilty of a misdemeanor.

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Section 4 . Said title is further amended by striking subsection (a) of Code Section 40-2-77, relating to county name decals on license plates, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this Code section, any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section 40-2-60.1, Code Section 40-2-61, and Code Section 40-2-78, issued or reissued as authorized in this article from and after July 1, 1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates. Section 5 . Said title is further amended by adding at the end of Article 3 of Chapter 2 of said title, relating to prestige and special license plates, a new Code Section 40-2-78 to read as follows: 40-2-78. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of revenue. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section. Section 6 . Said title is further amended by striking paragraph (10) of Code Section 40-3-2, relating to definitions relative to motor vehicle certificates of title, in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Major component part' means any one of the following subassemblies of a motor vehicle: (A) Front clip assembly (fenders, grille, hood, and bumper); (B) Rear clip assembly (quarter panels and floor panel assembly);

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(C) Engine and transmission; (D) Top, with the exception of soft tops; (E) Frame; or (F) Complete side (fenders, door, and quarter panel). Section 7 . Said title is further amended by striking Code Section 40-3-25, relating to the contents of the certificate of title, in its entirety and inserting in lieu thereof a new Code Section 40-3-25 to read as follows: 40-3-25. (a) Each certificate of title issued by the commissioner shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of the holders of any security interest and of any lien and the date or dates of such security interest or lien in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the vehicle; (5) A description of the vehicle including, so far as the following data exist: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and (6) Any other data the commissioner prescribes. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien.

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(c) A certificate of title issued by the commissioner is prima-facie evidence of the facts appearing on it. (d) A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle. Section 8 . Said title is further amended by striking Code Section 40-3-25.1, relating to entry of odometer readings on certificates of title, in its entirety and inserting 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 title 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. Notwithstanding any other provision of this Code section, the odometer reading of any motor vehicle which is more than ten model years old shall not be required to be recorded on the certificate of title for such vehicle. 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.

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Section 9 . Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to temporary registration permits, is amended by striking said Code section which reads as follows: 48-10-3.1. (a) As used in this Code section, the term `vehicle' means any vehicle which is required by the motor vehicle registration laws of this state to be registered prior to being operated on the highways of this state. (b) The commissioner may, upon written application, issue a temporary registration permit to the owner of any vehicle which does not have a valid motor vehicle registration. Such temporary registration permit shall authorize the vehicle to be operated on the highways of this state subject to the limitations contained in such permit. (c) The owner of the vehicle shall make application to the commissioner or his duly authorized agent for a temporary registration permit on such forms as the commissioner shall prescribe. Each application shall be accompanied by a registration fee of $10.00 for each vehicle for which an application is submitted. (d) The temporary registration permit shall be valid for one vehicle and shall be valid for a period of 30 days from the date of issue. Upon application and payment of an additional fee of $10.00, temporary registration permits may be renewed for 30 day periods; however, no permit shall be renewed more than three times during any 12 month period. (e) The procedures for application and issuance of temporary registration permits and the disposition of fees shall be the same as for other motor vehicles registered in this state. Compliance with this Code section shall be deemed to be compliance with the motor vehicle registration requirements of this state. (f) Any owner who has been convicted of operating a vehicle in violation of the motor vehicle registration laws of this state shall not be eligible to receive a temporary registration permit as authorized by this Code section for a period of 12 months from the date of conviction.

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(g) The violation of any limitation contained in a temporary registration permit shall constitute a misdemeanor., in its entirety. Section 10 . This Act shall become effective July 1, 1989, except that only for purposes of issuance of five-year license plates Section 3 of this Act shall become effective January 1, 1990. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESPROBATE COURTS; JURISDICTION; RESIDENCE OF DECEDENTS IN NURSING HOMES AT DEATH. Code Section 53-1-5 Enacted. No. 602 (House Bill No. 157). AN ACT To amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, is amended by adding a new Code Section 53-1-5 to read as follows: 53-1-5. (a) For purposes of determining the county in which jurisdiction is proper in proceedings to probate a will or administer an estate, the provisions of this Code section shall govern the determination of the residence of a decedent who was in the care of a nursing home or other similar facility at the time of death. (b) A person in the care of a nursing home or other similar facility at the time of such person's death shall be presumed to be a resident of the county in which such person resided immediately before entering such nursing home or other similar facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that such person considered, or in the absence of an impairment of such person's mental faculties would have considered, another county to be such person's home county, then such other county shall for the purposes of this Code section be considered to be such person's county of residence. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTERSTADIUM; COST OF PROJECT; BONDS; FEES, RENTALS, AND CHARGES; TAX EXEMPTION; APPROVAL OF LEASES; STATE FUNDS. Code Title 10, Chapter 9 Amended. No. 603 (House Bill No. 223). AN ACT To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the Geo. L. Smith II Georgia World Congress Center Act, so as to change the definition of the cost of the project and define the cost of the facilities; to delete the definition of the term stadium; to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof; to change the provisions relating to the exemption from taxation; to provide for the disposition of proceeds of revenue bonds issued by such authority; to provide for the power of such authority to contract with public and private entities; to provide that certain leases by the authority must be approved by the Fiscal Affairs Subcommittees of the Senate and House; to provide for permissible security for revenue bonds issued by such authority; to provide for sources of payment for revenue bonds issued by such authority; to provide that the powers granted to such authority are cumulative; to provide for related matters; to amend an Act relating to the Geo. L. Smith II Georgia World Congress Center Authority, approved March 30, 1988 (Ga. L. 1988, p. 556), so as to repeal provisions relating to the use of state funds in connection with a domed stadium; 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, known as the Geo. L. Smith II Georgia World Congress Center Act, is amended by striking paragraph (2) of Code Section 10-9-3, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:

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(2) `Cost' with respect to the terms `cost of the project' or `cost of the facilities' includes but is not limited to the following: (A) All costs of the purchase, lease, or any other form of acquisition by agreement, eminent domain, or otherwise or improvement, construction, reconstruction, repair, or maintenance of the project or any facility or component of either; (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 any application therefor; (C) All machinery, equipment, furnishings, and fixtures required for such project or facilities; (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 or facilities 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 facilities or to determine the feasibility or practicability of the project or facilities; (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;

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(J) Costs of the payment or performance of any obligation of the authority with respect to any lease to or by the authority of or with respect to the project or any facilities or any component thereof; (K) Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter; (L) The repayment of any loans made for the advance payment of any part of such cost, including the interest thereon; and (M) 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 or facilities 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 (M) of this paragraph 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. Section 2 . Said chapter is further amended by striking in its entirety paragraph (4) of said Code Section 10-9-3, which paragraph was formerly paragraph (15) of subsection (b) of Code Section 10-9-4, relating to powers of the authority, which paragraph defines the term stadium. Section 3 . Said chapter is further amended by adding at the end of said Code Section 10-9-4 a new subsection (d) to read as follows: (d) The authority shall have the power to borrow money and to issue revenue bonds regardless of whether the interest payable by the authority incident to such loans or revenue bonds or income derived by the holders of the evidence of such indebtedness or revenue bonds is, for purposes of federal or state taxation, includable in the taxable income of the recipients of

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such payments or is otherwise not exempt from the imposition of such taxation on the recipient. Section 4 . Said chapter is further amended by striking in its entirety Code Section 10-9-10, relating to exemption of such authority from taxation and inserting in lieu thereof a new Code Section 10-9-10 to read as follows: 10-9-10. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision or upon its activities in the development, construction, operation, or maintenance of any of the projects or facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority and shall not be subject to regulation of its activities in the acquisition, development, construction, operation, or maintenance of any of the projects or facilities acquired, developed, constructed, operated, or maintained by it by any county or municipal corporation of this state. The revenue bonds or other evidence of indebtedness issued by 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. Section 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 10-9-14, relating to the fixing of rentals and fees, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or the facilities 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

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same, and to establish and to perform and pay any obligations established under such other terms, conditions, and considerations as the authority and any such tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall determine necessary or appropriate. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or facilities 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 acquiring, constructing, equipping, maintaining, repairing, and operating the project or facilities, including the payment of debt service with respect to any revenue bonds issued under Article 3 of this chapter or other indebtedness and the payment or performance of contractual obligations incurred or undertaken by the authority and the establishment of reserves for debt service for such revenue bonds or 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. Section 6 . Said chapter is further amended by striking in its entirety Code Section 10-9-45, relating to the use of proceeds of revenue bonds, and inserting in lieu thereof a new Code Section 10-9-45 to read as follows: 10-9-45. The proceeds of the revenue bonds shall be used solely for the payment of the costs of the project incurred with respect to 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 or by the Georgia State Financing and Investment Commission acting on behalf of the authority under contract with 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

Page 1200

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. Section 7 . Said chapter is further amended by striking in its entirety Code Section 10-9-49, relating to the lease of facilities by such authority, and inserting in lieu thereof a new Code Section 10-9-49 to read as follows: 10-9-49. (a) (1) Subject to the requirements of paragraph (2) of this subsection, the authority shall operate and manage the facilities financed by the issuance of revenue bonds as authorized by this article. The authority may, incident to such operation and management, lease the facilities to persons, firms, private corporations, authorities, counties, municipal corporations, public corporations, public authorities, or other political subdivisions of this state under leases covering all or such separately identified portions of the facilities as the authority may determine appropriate and upon and for such terms, conditions, and considerations and for such rentals, fees, prices, and other charges as the authority shall determine appropriate. The authority shall fix the rentals, fees, prices, and other charges payable to the authority under such leases so that the aggregate amount of such rentals, fees, prices, or other charges derived by the authority thereunder, together with other revenues and earnings of the authority from the facilities designated by the resolution authorizing the issuance of the revenue bonds, and together with revenues, earnings, and funds otherwise available to the authority for such

Page 1201

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 as such principal, interest, premiums, discounts, fees, costs, or expenses shall become due, together with the costs of the maintenance, repair, and operation of the facilities, including reserves established for such purposes, and the payment and performance of contractual obligations of the authority. The obligation of any lessee to the authority under any such lease may be secured in such manner as the authority shall determine appropriate. Any such lease 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 enforce all contracts or rights of action of such lessee relating to or arising out of the operation of the facilities covered by such lease. Any such lease shall contain such other terms, conditions, and considerations as the authority may determine appropriate. (2) Any lease provided for in paragraph (1) of this subsection which lease is for a term in excess of ten years must, as a condition precedent to its effectiveness, be approved by the Fiscal Affairs Subcommittees of the Senate and House of Representatives meeting jointly as one committee; and such approval shall require the affirmative votes of at least 11 members of such subcommittees sitting jointly. (b) 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 or conduct any activity within the facilities. The term `lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for such estate, interest, right, or privilege. (c) 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 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 which the contracting parties are authorized by law to undertake or provide.

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(d) Pursuant to any such contract, in connection with any facility authorized under this article or any project authorized under this chapter, the authority may undertake such facility or provide such services or facilities or projects 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 or projects which the contracting public entity is authorized by the Constitution or laws of this state to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution and Chapters 42, 44, 61, and 64 of Title 36 and Article 3 of Chapter 13 of Title 48, and any such contracting public entity is authorized to undertake to pay the authority for such activities, services, or facilities or projects such amounts and on such terms as the parties may determine. (e) 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. (f) 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. (g) 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. Section 8 . Said chapter is further amended by striking in its entirety Code Section 10-9-50, relating to enforceability of revenue bonds issued by such authority, and inserting in lieu thereof a new Code section to read as follows: 10-9-50. (a) (1) Revenue bonds issued under the authority of this article shall not be deemed to constitute a

Page 1203

debt of the state or a pledge of the faith and credit 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 derived from the facilities designated by the resolution authorizing the issuance of such revenue bonds or which are otherwise available to the authority for such purposes which are so designated, including but not limited to, rents, revenues, earnings, and funds which are: (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 or improved by 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 or improved 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 or improved 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 either: (i) which are derived from or in connection with the facilities acquired or improved by the proceeds of the revenue bonds or the use or operation thereof or the services provided through such facilities; or (ii) which are otherwise available to the authority for such purposes. 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

Page 1204

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 to continue or to levy or pledge any from 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, 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. Section 9 . Said chapter is further amended by striking subsection (b) of Code Section 10-9-51, relating to security for revenue bonds issued by the authority, and inserting in its place a new subsection (b) to read as follows: (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 derived from the facilities designated by the resolution authorizing the issuance of such revenue bonds or which may be otherwise available to the authority for such purposes, including but not limited to rents, revenues, earnings, and funds which are:

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(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 or improved by 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 or improved 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 or improved 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 either: (i) which are derived from or in connection with the facilities acquired or improved by the proceeds of the revenue bonds or the use or operation thereof or the services provided through such facilities; or (ii) which are otherwise available to the authority for such purposes. (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 convenants 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

Page 1206

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. Section 10 . Said chapter is further amended by striking in its entirety Code Section 10-9-53, relating to the disposition of the proceeds of revenue bonds issued by such authority, and inserting in lieu thereof a new Code Section 10-9-53 to read as follows: 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 or to the Georgia State Financing and Investment Commission acting under contract with the authority which officer, person, bank, trust company, or agency 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, or as the resolution or trust indenture, may provide. Section 11 . Said chapter is further amended by adding at the end thereof a new Code Section 10-9-61 to read as follows: 10-9-61. (a) The powers granted to the authority under this article are cumulative and not in derogation of the powers otherwise granted to the authority under this chapter. (b) Without limitation of the foregoing, the authority shall have the power to pledge or assign as security for the payment of, and to apply in the payment of, any indebtedness incurred by the authority under paragraph (9) of subsection (b) of Code Section 10-9-4 any rents, revenues, earnings, and funds derived from or in connection with the facilities undertaken under this article or any project under this chapter or otherwise available to the authority for such purposes, as the authority may determine necessary or appropriate, subject to such limitations or priorities as may be established incident to the issuance of revenue bonds under this article.

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Section 12 . An Act relating to the Geo. L. Smith II Georgia World Congress Center Authority, approved March 30, 1988 (Ga. L. 1988, p. 556), is amended by striking therefrom Section 6, relating to the use of state funds in connection with the acquisition of land for, the construction of, and the debt service incurred in connection with a domed stadium, which Section 6 is repealed in its entirety. Section 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. GAME AND FISHGAME FISH; FOOD FISH; DOMESTIC FARM PRODUCTS; EXEMPTION FROM GAME AND FISH LAWS. Code Sections 27-1-2, 27-4-75, and 27-4-76 Amended. Code Section 27-4-78 Enacted. No. 605 (House Bill No. 285). 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 definition of game fish; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers; to provide for a definition; to exempt certain fish and the production, hatching, raising, harvesting, and sale of certain fish and activities and persons, partnerships, firms, corporations, associations, and legal entities connected therewith from the game and fish laws of this state; to provide for exceptions; to declare that certain activities connected with

Page 1208

certain fish are declared to be an agricultural pursuit; to provide for regulation by the Department of Agriculture; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety subparagraph (H) of paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new subparagraph (H) to read as follows: (H) Catfish, except as provided in Code Section 27-4-78: (i) Channel catfish; and (ii) Flathead catfish. Section 2 . Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, and inserting in lieu thereof a new Code Section 27-4-75 to read as follows: 27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4-78. (b) Except as provided in Code Section 27-4-74 or 27-4-78, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations.

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Section 3 . Said title is further amended by striking subsection (a) of Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in Code Section 27-4-78, it shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Notwithstanding any other provision to the contrary, neither a licensed commercial fish hatchery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer. Section 4 . Said title is further amended by adding, following Code Section 27-4-77, a new Code Section 27-4-78 to read as follows: 27-4-78. (a) As used in this Code section, the term `food fish' means channel catfish. (b) Notwithstanding any other provision of this title to the contrary, food fish which are commercially produced and sold only as food and which are produced, hatched, and raised in a privately owned pond, raceway, fish hatchery, or other impoundment of water are declared to be a domestic farm product, shall not be included within the definition of `game fish' as used in this title, and are exempt from all provisions of this title. (c) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, raising, harvesting, and selling food fish as food for human consumption is declared to be engaged in an agricultural pursuit and shall be exempt from all provisions of this title, including all requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate solely to food fish. The commercial production, hatching, raising, harvesting, and selling of food fish as food for human consumption shall be regulated pursuant to rules and regulations of the Department of Agriculture, provided that any food fish processing plant shall be governed by the provisions of Article 6 of Chapter 2 of Title 26 as such provisions apply to meat and poultry processing plants.

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Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than food fish or which relates to producing, hatching, raising, harvesting, or selling food fish for any purpose other than as food for human consumption shall not be exempt from the provisions of this title. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. PUBLIC OFFICERS AND EMPLOYEESOFFICE OF FAIR EMPLOYMENT PRACTICES; STATUS REPORTS ON COMPLAINTS. Code Section 45-19-36 Amended. No. 606 (House Bill No. 292). AN ACT To amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to require the administrator of the Office of Fair Employment Practices to issue periodic status reports with respect to complaints of unlawful practices; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, is amended by adding at the end thereof a new subsection (h) to read as follows:

Page 1211

(h) The administrator shall issue to the complainant and the respondent, 90 days from the date the complaint was filed and every 30 days thereafter, a status report summarizing any action taken with respect to the complaint. The status reports required by this subsection shall be issued until final resolution of the complaint. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. BANKING AND FINANCECOMMISSIONER AND DEPUTY COMMISSIONERS; LETTERS OF CREDIT; DISCLOSURE; DORMANT OR UNCLAIMED DEPOSITS; MINIMUM CAPITAL; DIRECTORS; AUDITS; CREDIT UNIONS; INTERNATIONAL BANKING ORGANIZATIONS; CRIMINAL INVESTIGATIONS. Code Title 7, Chapter 1 Amended. No. 607 (House Bill No. 316). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appointment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner; to provide for editorial revision; to provide for exceptions to information disclosure requirements; to delete certain provisions regarding the establishment of criteria distinguishing letters of credit; to prohibit the charging of a fee for the purpose of conducting a search for certain dormant or unclaimed deposit accounts; to authorize a finder's fee for actual sums recovered from certain dormant or unclaimed deposit

Page 1212

accounts; to provide procedures for financial institutions with regard to third-party claims against certain deposits and deposit accounts and information relative to such deposits and accounts; to provide for notices to customers of financial institutions and for exceptions; to change requirements for the minimum capital of certain institutions; to provide conditions for the removal of directors; to delete certain references to directors' audits; to provide for audits by independent certified public accountants; to provide for approval or rejection of audits; to delete requirements regarding the date of annual meetings of credit union shareholders; to provide certain powers for credit unions; to provide for the removal of directors of boards of credit unions; to provide for the duties of directors and officers of credit unions regarding investment decisions; to change the definition of an international banking corporation; to provide for the powers and duties of the Department of Banking and Finance with respect to criminal activities, investigations, and proceedings; to change provisions relative to the reporting of currency transactions; to provide for civil and criminal penalties; to provide for forfeiture of certain property used in unlawful currency transactions; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-34, relating to a vacancy in the office of commissioner of banking and finance, in its entirety and substituting in lieu thereof a new Code Section 7-1-34 to read as follows: 7-1-34. In the event there shall be a vacancy in the office caused by death, resignation, disability, disqualification, suspension, or removal of the commissioner, a deputy commissioner previously designated by the commissioner shall exercise the powers and perform the duties of the commissioner until a successor is appointed and qualified to serve for the unexpired term of the commissioner. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-35, relating to the deputy commissioner, examiners, and assistants; recruitment, training, and certification of professional staff, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

Page 1213

(a) The commissioner shall appoint from time to time, with the right to discharge at will, one or more deputy commissioners, who shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he may need to discharge in a proper manner the duties imposed upon him by law, subject to the rules and regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this chapter. Each deputy commissioner and not more than ten additional persons designated by the commissioner shall be in the unclassified category of service. All other personnel of the department including examiners and assistants shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards of the state merit system. As used in this Code section, the term `state merit system' shall mean that system established pursuant to Article 1 of Chapter 20 of Title 45. Section 3 . Said chapter is further amended by striking Code Section 7-1-36, relating to the oath and bond of the commissioner, deputy commissioner, and examiners, in its entirety and substituting in lieu thereof a new Code Section 7-1-36 to read as follows: 7-1-36. (a) Before entering upon the duties of their offices, the commissioner, each deputy commissioner, and each examiner shall take an oath before the Governor or one of the Justices of the Supreme Court to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of their respective offices, which oath shall be in writing and subscribed to by the commissioner, each deputy commissioner, or each examiner, as the case may be, and filed in the Governor's office in the case of the commissioner and filed in the commissioner's office in the case of each deputy commissioner and each examiner. Each of them shall also give bond to the State of Georgia with security or securities approved by the Governor in the sum of $50,000.00 in the case of the commissioner and in the sum of $10,000.00 in all other cases, conditioned as follows: (1) That the officer will faithfully discharge, execute, and perform all and singular the duties required of such

Page 1214

officer and which may be required by the Constitution and laws of the State of Georgia; (2) That the officer will faithfully account for all moneys that may be received by such officer from time to time by virtue of his office; and (3) That the officer will safely deliver to the successor of such office all books, moneys, vouchers, accounts, and effects whatever belonging to said office. (b) The surety on the bonds shall be a regular incorporated surety company or companies qualified to do business in the State of Georgia, and the premium on the bonds shall be paid as other expenses of the department. Notwithstanding the foregoing, the requirements of this subsection as to surety may be fulfilled by the participation of the department in any surety bond program covering other state officials and employees which provides the required level of surety whether such surety is underwritten by a company qualified to do business in this state or by a self-insurance surety bond program established by law. (c) Notwithstanding the foregoing, the oath of office of any deputy commissioner or examiner may be administered by the commissioner. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-70, relating to the disclosure of information, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The restrictions of subsection (a) of this Code section shall not apply to disclosures: (1) Within the department or made to the Governor in the course of official duties; (2) Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the financial institution is a party or where the information is not otherwise available upon direct subpoena of a financial institution;

Page 1215

(3) In prosecutions or other court actions to which the department or the commissioner is a party; (4) Made to federal bank supervisory agencies or to the United States Department of Justice (including the Federal Bureau of Investigation) or to the United States Department of the Treasury or to the Georgia Bureau of Investigation; (5) Made to any officer, attorney, or director of the financial institution involved or with the written consent of said financial institution; (6) Made in a summary of condition of financial institutions published by the department; (7) Of general economic and similar data considered by the department in regard to requests for new articles, new branches, changes in the location of facilities, or similar matters made to parties interested in the department's action in regard thereto; and (8) Made to a financial institution concerning the past job performance of a prospective employee with the written consent of such prospective employee, provided such written consent shall not be required in circumstances provided for in Code Section 7-1-840. Section 5 . Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Section 7-1-290, relating to powers as surety or guarantor, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Issuing letters of credit. Section 6 . Said chapter is further amended by adding at the end of Part 6 of Article 2, relating to deposits, safe-deposit agreements, and money received for transmission, new Code Sections 7-1-359 and 7-1-360 to read as follows: 7-1-359. No person shall charge a fee or solicit any other form of compensation for the purpose of conducting a search for dormant, abandoned, or unclaimed deposit accounts or other

Page 1216

abandoned properties whether held by a financial institution or escheated to any governmental agency. Notwithstanding the foregoing, a commission or finder's fee not to exceed 10 percent of actual sums recovered by the owner of such accounts may be agreed to by the parties. All moneys and properties located by a person to be compensated by the payment of such a commission or finder's fee shall be paid directly to the owner and may not be paid over to the person to receive the commission or finder's fee whether pursuant to a duly executed power of attorney or otherwise. 7-1-360. (a) No financial institution shall be required to recognize the claim of any third party to any deposit, or withhold payment of any deposit to the depositor or to his order, unless and until the financial institution is served with citation, order, or other appropriate process issuing out of a court of competent jurisdiction in connection with a suit instituted by such third party for the purpose of recovering or establishing an interest in such deposit. Neither shall any financial institution be required to disclose or produce to third parties, or permit third parties to examine any records pertaining to a deposit account, loan account, or other banking relationship except: (1) Where the financial institution itself is a proper or necessary party to a proceeding in a court of competent jurisdiction; (2) Where the records of accounts or other customer records are requested through subpoena or other administrative process issued by a state, federal, or local administrative agency having competent jurisdiction over the depositor or other customer; (3) Where the records of accounts or other customer records are requested in conjunction with an ongoing criminal or tax investigation of the depositor or other customer by a state or federal grand jury, taxing authority, or law enforcement agency; or (4) Where the records of accounts or other customer records are requested by any state or federal regulatory agency having jurisdiction over the financial institution.

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(b) Unless directed otherwise by a court of competent jurisdiction, before disclosure, production, or examination of records produced under paragraph (1) or (2) of subsection (a) of this Code section, the agency or other party seeking the disclosure or production of the records shall provide notification to the depositor or other customer of such request. Notification of the depositor or other customer under circumstances set forth in paragraphs (3) and (4) of subsection (a) of this Code section shall not be made without the consent of the requesting authority. For purposes of ascertaining whether or not proper notice has been given or whether or not the depositor or other customer may be notified, the financial institution may rely upon appropriate certification or written assurances from the requesting party and in doing so shall be relieved of any liability which might be asserted in connection with such disclosures. (c) Each customer or depositor to whom notice of an order, subpoena, or request for disclosure, examination, or production of records was lawfully given may, prior to the date specified therein for disclosure, examination, or production, file in the court issuing an order or subpoena for the records or, in the absence of such a court, in the superior court of the county in which the financial institution is located a motion to quash the order, subpoena, or request or for a protective order and shall serve such motion on the party requesting disclosure as otherwise provided by law for similar motions. Failure to file and serve such motion to quash or for protection shall constitute consent for all purposes to disclosure, production, or examination made pursuant to this Code section. Section 7 . Said chapter is further amended by adding a new subsection (d) at the end of Code Section 7-1-394, relating to investigation and to approval or disapproval by the department, to read as follows: (d) The department shall not approve articles for any trust company that is not also a bank or an affiliated trust company as defined in Code Section 7-1-320. Section 8 . Said chapter is further amended by striking Code Section 7-1-410, relating to minimum capital stock, in its entirety and substituting in lieu thereof a new Code Section 7-1-410 to read as follows:

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7-1-410. (a) Except as provided in subsections (b) and (c) of this Code section, the minimum capital stock of a bank or trust company shall be $3 million. (b) A bank or trust company whose registered office is located in a county with a population of less than 200,000, according to the last official United States census, shall have a minimum capital stock of $2 million. (c) A bank or trust company existing on July 1, 1989, with a capital stock of less than that required by subsections (a) and (b) of this Code section shall not be required to increase its capital stock above the amount outstanding on July 1, 1989, except as otherwise provided by law. Section 9 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-485, relating to the removal of directors and to vacancies, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The board may remove a director from office if: (1) He is adjudicated an incompetent by a court or is convicted of a felony; (2) He does not, within 60 days after his election or such longer time as the bylaws may specify, accept the office in writing or by attendance at a meeting and fulfill other requirements for holding the office; (3) He fails to attend regular meetings of the board for six successive meetings without having been excused by the board; or (4) He was an employee or duly elected officer of the bank or trust company and was discharged or resigned at the request of the board for reasons relating to performance of duties as an employee or officer of the bank or trust company. Section 10 . Said chapter is further amended by striking Code Section 7-1-487, relating to audits and financial reports, in its entirety and substituting in lieu thereof a new Code Section 7-1-487 to read as follows:

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7-1-487. (a) The board of directors shall at least once each year have made by independent certified public accountants an audit of the books and affairs of the bank or trust company, including such matters as may be required by the department and including, in the case of a trust company, accounts held in a fiduciary or other representative capacity. An audit of a bank holding company performed in accordance with this Code section may be made in lieu of individual audits of subsidiaries of the bank holding company. The department may by regulation establish minimum standards for audits and reports under this Code section. (b) A report of the audit made under subsection (a) of this Code section shall be signed by the accountants who make it and filed with the department; and a signed copy of the report shall be submitted to the board for approval or rejection and kept in the files of the bank or trust company. Section 11 . Said chapter is further amended by striking subparagraph (A) of paragraph (2) of Code Section 7-1-631, relating to additional filings with department, in its entirety and substituting in lieu thereof a new subparagraph (A) to read as follows: (A) The date of the annual meeting, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting, which shall comply with Code Section 7-1-6, except that, if the credit union maintains an office and the board of directors so determines, notice of the annual meeting or of any special meeting may be given by posting such notice in a conspicuous place in the office of the credit union at least ten days prior to such meeting;. Section 12 . Said chapter is further amended by striking paragraph (6) of Code Section 7-1-650, relating to powers of a credit union, and substituting in lieu thereof a new paragraph (6) to read as follows: (6) It may undertake with the approval of the department other activities which are not inconsistent with this chapter or regulations adopted pursuant thereto either directly, through a subsidiary corporation, or in cooperation with other credit unions;.

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Section 13 . Said chapter is further amended by adding a new subsection (g) at the end of Code Section 7-1-655, relating to boards of directors of credit unions; credit and supervisory committees; officers; and oaths of officials, to read as follows: (g) Directors may be removed from office as provided in Code Section 7-1-485. Section 14 . Said chapter is further amended by striking Code Section 7-1-656, relating to duties of directors of credit unions and to meetings, in its entirety and substituting in lieu thereof a new Code Section 7-1-656 to read as follows: 7-1-656. (a) The board of directors shall be responsible for the affairs, funds, and records of the credit union and shall meet as often as necessary, but at least once during ten different months of each calendar year. Unless the bylaws specifically reserve any or all of the duties to the members, it shall be the special duty of the directors: (1) To act upon all applications for membership; (2) To determine from time to time rates of interest and dividends which shall be allowed on deposits and charged on loans consistent with this article and other applicable laws and to authorize any interest refunds on such classes of loans and under such conditions as the board prescribes; (3) To fix the amount of the fidelity bond which shall be required of all officers, employees, agents, or members having custody of funds, properties, or records; provided, however, that the amount of such fidelity bond shall not be less than such minimum requirements as shall be prescribed by regulation of the department and shall be in such form as may from time to time be approved by the department; (4) To fix within the restrictions imposed by statute the maximum amount of deposits which may be made by and the maximum amount that may be loaned to any one member;

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(5) To fill vacancies on the board of directors and credit committee until the election and qualification of a successor; (6) To have charge of the investment of funds of the credit union other than loans to members within the restrictions imposed by statute; and (7) To perform such other duties as the members may from time to time authorize. (b) The provisions of Code Section 7-1-490 relative to the responsibilities of directors and officers and the delegation of investment decisions shall be applicable to the duties of directors, credit and supervisory committee members, and officers of credit unions. Section 15 . Said chapter is further amended by striking paragraph (2) of Code Section 7-1-710, relating to definitions pertaining to international banking corporations and bank agencies, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) `International banking corporation' means a banking corporation organized and licensed under the laws of some foreign country or a political subdivision thereof, other than the United States of America or any of the states within the United States of America. For purposes of this article, a foreign country shall include any territories or possessions of the United States. Section 16 . Said chapter is further amended by striking Code Section 7-1-840, relating to institution of criminal prosecutions, in its entirety and substituting in lieu thereof a new Code Section 7-1-840 to read as follows: 7-1-840. (a) Upon discovery, by report or otherwise, of any apparent violation of any state or federal criminal law which is perpetrated through a deposit or loan account maintained at or which utilizes a monetary instrument issued by a financial institution located in this state or of any state or federal criminal law which relates to a financial institution, the department shall in its discretion either institute criminal proceedings in the manner provided by law or refer the matter to an appropriate law

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enforcement or prosecuting authority for further action. The department shall have the right to submit to the grand juries of the respective counties of the state any criminal violations of the laws of Georgia known by it to have occurred in such counties, or it may likewise submit to any United States attorney any criminal violations of the laws of Georgia which also constitute violations of the laws of the United States applicable to such financial institution. This provision shall not be so construed as to prevent the commissioner or other persons from proceeding in such cases by affidavit and warrant. (b) The department may assist state and federal law enforcement agencies in further investigation of apparent violations of state or federal criminal statutes referred to in subsection (a) of this Code section. (c) Without incurring civil liability or, in the case of the department, violating the provisions of Code Section 7-1-70, any financial institution that is the employer or former employer of a person or the department, whether in its regulatory capacity or as the employer or former employer of a person, may provide information to a financial institution which has employed or is considering employment of such person concerning the known or suspected involvement of such person in an apparent violation of a state or federal law or regulation which has been reported to the state or federal law enforcement or regulatory agency having jurisdiction of the violation unless the information is false and such employer, former employer, or the department knows that it is false and provides it with actual malice. For purposes of this Code section, the terms `financial institution' and `department' shall mean any duly elected or appointed official of such entities. Section 17 . Said chapter is further amended by striking Code Section 7-1-911, relating to definitions pertaining to records and reports of currency transactions, in its entirety and substituting in lieu thereof a new Code Section 7-1-911 to read as follows: 7-1-911. As used in this article, the term: (1) `Commissioner' means the commissioner of banking and finance.

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(2) `Conducts' includes initiating, concluding, or participating in initiating or concluding a transaction. (3) `Currency' means currency and coin of the United States. (4) `Department' means the Department of Banking and Finance of the State of Georgia. (5) `Financial institution' means: (A) A state or national bank; (B) A trust company; (C) A building and loan association, state savings and loan association, or a federal savings and loan association; (D) A state or federal credit union; (E) An international bank agency doing business in this state on April 1, 1975, pursuant to the former `International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; or (F) A licensee under Article 4 of this chapter and such other persons as may be engaged in the business of cashing checks for a fee unless performed incidental to the sale of goods or services. (6) `Knowing that the moneys involved in a currency transaction represent the proceeds of some form of unlawful activity' means that the person knew the moneys involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under this Code. (7) `Monetary instruments' means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title

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thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery. (8) `Person' means natural persons, partnerships, trusts, estates, associations, corporations, and all entities cognizable as legal personalities. (9) `Specified unlawful activity' means any act or activity constituting an offense punishable as a felony pursuant to the laws of this state or any act or acts constituting a pattern of racketeering activity as that term is defined in Code Section 16-14-3. (10) `Transaction' includes: (A) A purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected; or (B) The movement of funds by wire or other means or involving one or more monetary instruments or the use of a financial institution. Section 18 . Said chapter is further amended by adding new subsections (d) and (e) at the end of Code Section 7-1-912, relating to records and reports of certain currency transactions, to read as follows: (d) No person shall for the purpose of evading the reporting requirements of this Code section: (1) Cause or attempt to cause a financial institution to fail to file a report required pursuant to this Code section; (2) Cause or attempt to cause a financial institution to file a report required pursuant to this Code section that contains a material omission or misstatement of fact; or

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(3) Structure or assist in structuring or attempt to structure or assist in structuring any currency transaction with one or more financial institutions. (e) For purposes of this Code section, the term: (1) `Material omission or misstatement' shall include the furnishing of a false or erroneous name, address, taxpayer identification number, and business, profession, or occupation for the person performing the currency transaction or the beneficiary of such transaction or displaying or otherwise producing physical proof of identity on such persons which is forged, falsified, or otherwise altered; and (2) `Structuring' of a currency transaction means the division of a transaction which would otherwise be reportable under this Code section into two or more transactions which if considered separately would not be reportable. Section 19 . Said chapter is further amended by adding a new subsection (c) at the end of Code Section 7-1-914, relating to civil penalty and action for recovery, to read as follows: (c) Whoever conducts or attempts to conduct a transaction described in subsection (c) of Code Section 7-1-915 is liable to the State of Georgia for a civil penalty of not more than the amount of the funds involved in the transaction or $10,000.00, whichever is greater. Section 20 . Said chapter is further amended by adding new subsections (c) and (d) at the end of Code Section 7-1-915, relating to criminal penalties, to read as follows: (c) Whoever, knowing that the moneys involved in a currency transaction represent the proceeds of some form of unlawful activity, conducts or attempts to conduct such a transaction which in fact involves the proceeds of specified unlawful activity: (1) With the intent to promote the carrying on of specified unlawful activity; or

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(2) Knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or to avoid a transaction reporting requirement under this article shall be sentenced to a fine of not more than $500,000.00 or twice the amount involved in the transaction, whichever is greater, or imprisonment for not more than 20 years, or both. (d) Nothing in subsection (c) of this Code section nor in subsection (c) of Code Section 7-1-914 shall supersede any provision of law imposing criminal or civil penalties or affording civil remedies in addition to those provided for in this Code section or in Code Section 7-1-914. Section 21 . Said chapter is further amended by adding a new Code section at the end of Article 11, relating to records and reports of currency transactions, to be designated Code Section 7-1-916, to read as follows: 7-1-916. All property of every kind used or intended for use in the course of, derived from, or realized through a transaction which in fact involves the proceeds of unlawful activity specified in Chapter 14 of Title 16 or otherwise subject to the provisions of this article shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure as is set forth in Code Section 16-14-7. Section 22 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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ALCOHOLIC BEVERAGESPERSONS UNDER 21; PROPER IDENTIFICATION; TRAFFIC CITATIONS EXCLUDED. Code Section 3-3-23 Amended. No. 608 (House Bill No. 399). 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 that the term proper identification shall not include any traffic citation and complaint form; 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 possession by persons under 21 years of age of alcoholic beverages, is amended by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term `proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. `Proper identification' shall not include a birth certificate and shall not include any traffic citation and complaint form.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. EDUCATIONQUALITY BASIC EDUCATION ACT; SPARSITY GRANTS. Code Section 20-2-292 Amended. No. 609 (House Bill No. 415). AN ACT To amend Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the Quality Basic Education Act, so as to provide for sparsity grants for certain school systems; to provide for matters relative thereto; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the Quality Basic Education Act, is amended by striking subsection (d), which reads as follows: (d) All local school systems which received funds during fiscal year 1986 under a grant titled `isolated schools' shall continue to receive such grants, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under other provisions of this article, until the State Board of Education has completed the studies prescribed in this Code section or until July 1, 1989, whichever occurs first, subject to appropriation by the General Assembly.,

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in its entirety. Section 2 . Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the Quality Basic Education Act, is amended by inserting a new subsection (d) to read as follows: (d) A local school system which received an `isolated schools' grant for fiscal year 1989 shall receive a sparsity grant in an amount equal to the amount of the `isolated schools' grant received in fiscal year 1989 for the school which received the `isolated schools' grant if such school does not otherwise qualify for a sparsity grant according to State Board of Education policy and the provisions of subsections (a) through (c) of this Code section; provided, however, that such local school system shall receive a sparsity grant for that school for fiscal year 1990 only. Section 3 . (a) Section 1 of this Act shall become effective on July 1, 1989. (b) Section 2 of this Act shall become effective on July 1, 1989, but shall stand repealed in its entirety on July 1, 1990. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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PROPERTYREMOVAL OF IMPROPERLY PARKED CARS AND TRESPASSING PERSONAL PROPERTY; NOTICE; FEES; LIENS; MUNICIPALITIES OF 100,000 OR MORE; ACTIONS; DAMAGES; PENALTIES. Code Section 44-1-13 Amended. No. 610 (House Bill No. 492). AN ACT To amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees; to provide for the removal of vehicles or personal property from private real property and vacant lots in municipalities with populations of 100,000 or more; to provide for a civil cause of action for persons injured by reason of violation of this Act; to provide for damages and 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 . Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, is amended by striking said Code section which reads as follows: 44-1-13. Any person entitled to the possession of any parcel or space of real property shall have the right to remove or cause to be removed from the property any vehicle which is parked thereon and which is not authorized to be parked at the place where it is found and to store or cause to be stored such vehicle at the expense of its owner, provided that there shall have been conspicuously posted on the real property notice that any vehicle parked thereon which is not authorized to be parked at the place where it is found may be removed at the expense of the owner of the vehicle along with information as to where the vehicle can be recovered. The person removing and storing the

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vehicle shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Provided, however, that in all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a study chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access thereto or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost., in its entirety and inserting in lieu thereof a new Code Section 44-1-13 to read as follows: 44-1-13. (a) Any person entitled to the possession of any parcel or space of private real property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property along with information as to where the vehicle or trespassing personal property can be recovered; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection.

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(b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46 of the Official Code of Georgia Annotated, licensed by the local governing authority of the jurisdiction in which they operate, and having a secure impoundment lot shall be permitted to remove vehicles and trespassing personal property from private real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section. The person or firm removing and storing any such vehicle or trespassing personal property shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. (c) In all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census a person entitled to the possession of an off-street parking area or vacant lot within an area zoned commercial by the municipality shall have the right to remove any vehicle or trespassing personal property parked thereon after the regular activity on such property is concluded for the day only if access to such property from the public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street parking area or vacant lot and there is conspicuously posted in the area a notice, the location of which must be approved by the municipality's police department, that any vehicle or trespassing personal property parked thereon which is not authorized to be in such area may be removed at the expense of the owner along with information as to where the vehicle or trespassing personal property may be recovered, the cost of said recovery, and information regarding the form of payment. (d) The governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility ratemaking procedures, and

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shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period running from the time the vehicle is removed from the property and no such fees shall be allowed for the removal and storage of vehicles in violation of this Code section. (e) Any person who suffers injury or damages as a result of a violation of this Code section may bring an action in any court of competent jurisdiction for actual damages, which shall be presumed to be not less than $100.00, together with court costs. A court shall award three times actual damages for an intentional violation of this Code section. (f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private real property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any such vehicle or trespassing personal property except upon call by such person in possession of such private real property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm to pay to any private real property owner or one in possession of private real property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private real property. 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 13, 1989.

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PHYSICIANS FOR RURAL AREAS ASSISTANCE ACTENACTMENT; LOANS FOR PHYSICIANS. Code Title 31, Chapter 34 Enacted. No. 611 (House Bill No. 567). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title; to provide for a statement of purpose; to provide for administration by the State Medical Education Board; to provide qualifications for physicians to receive loans; to provide for loans and for their repayment by practicing medicine in physician underserved rural areas of Georgia; to provide for contracts; to provide authority for the cancellation of contracts; to provide for funding; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 34 to read as follows: CHAPTER 34 31-34-1. This chapter shall be known and may be cited as the `Physicians for Rural Areas Assistance Act.' 31-34-2. It is the purpose of this chapter to increase the number of physicians in physician underserved rural areas of Georgia by making loans to young physicians who recently completed their medical education and allowing such loans to be repaid by such physicians agreeing to practice medicine in such rural areas. 31-34-3. This chapter shall be administered by the State Medical Education Board, and, as used in this chapter, the word

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`board' means the State Medical Education Board created in Code Section 20-3-510. 31-34-4. (a) A physician who receives a loan under the program provided for in this chapter shall be licensed to practice medicine within the State of Georgia at the time the loan is made and shall be a graduate of an accredited four-year medical school located in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program of education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. (b) The board shall make a full investigation of the qualifications of an applicant for a loan under the provisions of this chapter to determine the applicant's fitness for participation in such loan program, and for such purposes, the board may propound such examinations to applicants as the board deems proper. The board's investigation shall include a determination of the outstanding medical education loans incurred by the applicant while completing his or her medical education and training. (c) The board is authorized to consider among other criteria for granting loans under the provisions of this chapter the state residency status and home area of the applying physician and to give priority to those applicants who are physicians specializing in and actively practicing obstetrics. After giving such priority, the board may also consider, in the following order of priority, the applications of physicians specializing in obstetrics/gynecology, family practice, general practice, general internal medicine, general pediatrics, general surgery, psychiatry, or other medical specialties approved by the board. (d) The board may adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the loan program provided for in this chapter. Such rules and regulations shall provide for fixing the rate of regular interest to accrue on loans granted under the provisions of this chapter. Such regular rate of interest shall not exceed by more than 2 percent the prime rate published from time to time

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by the Board of Governors of the Federal Reserve System. Within such limitation, the regular rate of interest may be increased for new recipients of loans under this chapter. 31-34-5. (a) The board shall have the authority to grant to each applicant approved by the board on a one-year renewable basis a service cancelable loan for a period not exceeding four years. The amount of the loan shall be determined by the board, but such amount shall be related to the applicant's outstanding obligations incurred as a direct result of completing medical education and training. (b) A loan or loans to each approved applicant shall be granted on the condition that the full amount of the loan or loans shall be repaid to the State of Georgia in services to be rendered by the applicant's practicing his or her profession in a board approved physician underserved rural area of Georgia. For each full year of practicing his or her profession in such a physician underserved rural area, the physician who obtained the loan shall receive credit for the full amount of one year's loan plus regular interest which accrued on such amount. (c) In making a determination of physician underserved rural areas of Georgia, the board shall seek the advice and assistance of the Department of Human Resources, the Joint Board of Family Practice, the University of Georgia Cooperative Extension Service, the Department of Community Affairs, and such other public or private associations or organizations as the board determines to be of assistance in making such determinations. Criteria to determine physician underserved rural areas shall include, but shall not be limited to, relevant statistical data related to the following: (1) The ratio of physicians to population in the area; (2) Indications of the health status of the population in the area; (3) The poverty level and dependent age groups of the population in the area; (4) Indications of community support for more physicians in the area; and

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(5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay. 31-34-6. (a) Before being granted a service cancelable loan provided for in this chapter, each applicant therefor shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan is granted, which contract shall include such terms and conditions as will carry out the purposes and intent of this chapter. The chairman of the board and the executive director of the board, acting for and on behalf of the State of Georgia, shall execute the contract for the board. The contract shall also be properly executed by the applicant. The board is vested with full and complete authority to bring an action in its own name against any recipient of a loan under the provisions of this chapter for the performance of the contract and to collect any amount that may be due under the contract. (b) Any recipient of a loan under the provisions of this chapter who breaches the contract for such loan by either failing to begin or failing to complete the rural practice service obligation under the contract shall be immediately liable to the board for twice the total uncredited amount of all loans contracted for with the recipient, such uncredited amount to be prorated on a monthly basis respecting the recipient's actual service rendered and the total service obligation. For compelling reasons provided for in rules or regulations of the board, the board may agree to and accept a lesser measure of damages for the breach of a contract. 31-34-7. The board shall have the authority to cancel the contract of any recipient of a loan under this chapter for cause deemed sufficient by the board, provided that such authority shall not be arbitrarily or unreasonably exercised. Upon such cancellation, the total uncredited amount paid to the recipient shall at once become due and payable to the board in cash, and interest at the rate of 12 percent per annum shall accrue on such total uncredited amount from the date of cancellation to the date of payment. 31-34-8. The funds necessary to carry out the loan program authorized by this chapter may come from funds made available

Page 1238

to the board from private, federal, or state sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the Board of Regents of the University System of Georgia for the specific purpose of the cancelable loan program authorized by this chapter. The board shall be assigned to the Board of Regents of the University System of Georgia for administrative purposes only to receive and administer the funds appropriated to said board of regents as provided in this Code section. 31-34-9. The board shall make a biennial report to the General Assembly of its activities under the provisions of this chapter. Such report shall include the name of each recipient of a loan made under the provisions of this chapter, the amount of each such loan, and the rural area in which the recipient is practicing medicine. Such report shall also report the amount of administrative expenses incurred by the board in carrying out the provisions of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. STATE PROPERTIES COMMISSIONACQUISITION OF ABANDONED RAILROAD LINES AND PROPERTY. Code Section 50-16-34.1 Enacted. No. 613 (House Bill No. 822). AN ACT To amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, so as to empower the State Properties Commission to acquire from a railroad company the real property, including the right of way, and

Page 1239

any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the commission first determines that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state; to provide that such an acquisition shall be in the name of the state, custody in the commission, a property similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (8) of Code Section 50-16-31, and may be made by the commission without a request to acquire from another state agency, or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services; to provide that notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission, acting for and on behalf of and in the name of the state, is empowered to deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use; to provide that the foregoing powers, except as otherwise herein provided, are cumulative, and not in derogation, of other powers of the commission as set forth in the State Properties Code; to provide that the foregoing powers are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality of government; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, is amended by adding, following Code Section 50-16-34, a new Code Section 50-16-34.1 to read as follows: 50-16-34.1. (a) The State Properties Commission is empowered and may acquire from a railroad company the real property, including the right of way, and any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the commission first determines

Page 1240

that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state. (b) Such an acquisition as described in subsection (a) of this Code section shall be in the name of the state, custody in the commission, a `property' similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (8) of Code Section 50-16-31, and may be made by the commission without a request to acquire from another state agency, or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services. (c) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission, acting for and on behalf of and in the name of the state, is empowered and may deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use. (d) Except as otherwise provided for in this Code section, the powers set forth in subsections (a), (b), and (c) of this Code section are cumulative, and not in derogation, of other powers of the commission as set forth in the `State Properties Code.' (e) The powers set forth in subsections (a), (b), and (c) of this Code section are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality 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 13, 1989.

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HOUSING AUTHORITIESCITIES OF 400,000 OR MORE; RESIDENT COMMISSIONERS; QUORUM. Code Section 8-3-50 Amended. No. 614 (House Bill No. 932). AN ACT To amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to provide that resident commissioners in cities with a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall be voting members; to provide for a quorum of the authority in such cities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph (3) to read as follows: (3) In any city with a population of 400,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the other commissioners authorized under paragraph (1) of this subsection, two commissioners to be known as resident commissioners who shall be residents of a housing project in said city. These resident commissioners shall be appointed for a term of office of one year. The two resident commissioners shall be voting members and four commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. In the event any person serving as a resident commissioner ceases to be a resident of a housing project in said city, then such person shall cease to be a resident commissioner and a

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vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of said city. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. CRIMES AND OFFENSESFRAUDULENTLY OBTAINING PUBLIC HOUSING; PUBLIC HOUSING REDEFINED. Code Section 16-9-55 Amended. No. 618 (Senate Bill No. 52). AN ACT To amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of public housing; to redefine the offense of fraudulently obtaining or attempting to obtain public 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 . Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, is amended by striking in their entirety subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:

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(a) Any person who obtains or attempts to obtain or who establishes or attempts to establish eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent subsidy or payment from a tenant in connection with public housing to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor. (b) As used in this Code section, `public housing' means housing which is constructed, operated, maintained, financed, or subsidized by the state, a county, a municipal corporation, the Georgia Residential Finance Authority, a housing authority, or by any other political subdivision or public corporation of the state or its subdivisions. 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 13, 1989.

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PUBLIC OFFICERS AND EMPLOYEESINDEMNIFICATION OF PUBLIC SAFETY PERSONNEL; SUBROGATION OF THE STATE REPEALED. Code Section 45-9-87 Repealed. No. 619 (Senate Bill No. 85). AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, is amended by striking in its entirety Code Section 45-9-87, which reads as follows: 45-9-87. Whenever an order for the payment of indemnification is or has been made under this article, the state, upon payment of the amount of the order, shall be subrogated to the cause of action of the applicant against the person or persons responsible for such death or permanent disability and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the state, after deducting the expenses incurred, shall pay the balance to the applicant., and inserting in place thereof the following: 45-9-87. Reserved.

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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 13, 1989. CRIMINAL JUSTICE COORDINATING COUNCILSTATE SCHOOL SUPERINTENDENT; MEMBERSHIP. Code Section 35-6A-3 Amended. No. 620 (Senate Bill No. 101). 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 provide that the State School Superintendent shall be a member of the council; 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 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) in their entirety and substituting in lieu thereof, respectively, new subsections (a) and (c) to read as follows: (a) The Criminal Justice Coordinating Council shall consist of 22 members and shall be composed as follows:

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(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 State School Superintendent, 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 or their designees, shall be ex officio members of the council, as full voting members of the council by reason of their office; (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. The State School Superintendent shall be a member effective on July 1, 1989. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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THE COUNCIL OF PROBATE COURT JUDGES OF GEORGIACONTRACTS FOR EDUCATIONAL MATERIAL. Code Section 15-9-15 Amended. No. 621 (Senate Bill No. 104). AN ACT To amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the production of such material; to provide that the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing such a contract; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. COUNTY ORGANSNOTIFICATION OF SECRETARY OF STATE BY JUDGE OF THE PROBATE COURT; LISTS. Code Section 9-13-142 Amended. No. 622 (Senate Bill No. 145). AN ACT To amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county; to provide for similar notice of changes in county organs; to provide for maintenance by the Secretary of State of a list of official county organs; 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 . Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Not later than December 31, 1989, and during the month of December in each year thereafter the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and

Page 1249

mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request. 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 13, 1989. FINANCIAL INSTITUTIONSCOMPETITION; UNFAIR OR DECEPTIVE PRACTICES; OPERATIONAL POWERS; ACQUISITION AND HOLDING OF REAL PROPERTY; INVESTMENTS; USE OF INFORMATION OBTAINED THROUGH A FINANCIAL INSTITUTION. Code Title 7, Chapter 1 Amended. No. 623 (Senate Bill No. 150). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize rules and regulations of the Department of Banking and Finance relative to the competition of financial institutions with others providing financial services and unfair or deceptive business practices; to provide for additional operational powers of banks and trust companies; to change provisions relative to a bank or trust company's authority to acquire and hold real property; to provide for approval of

Page 1250

acquisitions of real property; to provide that a bank or trust company may acquire an ownership interest in real estate incidental to the financing of certain transactions involving the real estate within certain limitations; to authorize investments in certain mutual funds, investment trusts, or pools; to provide for rules and regulations concerning investments; to authorize banks to hold shares of certain types of stock; to authorize the purchase of certain securities not inconsistent with regulation of the department; to prohibit certain acts regarding the use of information obtained through association with a financial institution; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-61, relating to rules and regulations, in its entirety and substituting in lieu thereof a new Code Section 7-1-61 to read as follows: 7-1-61. (a) The department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is expressly authorized to make rules and regulations, consistent with this chapter, relating to operations of financial institutions to: (1) Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or (2) Protect financial institutions jeopardized by new economic or technological conditions. (b) Rules and regulations promulgated by the department may provide for controls and restrictions reasonably necessary to prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393 or which would unfairly operate to the detriment of any competing business or enterprise or to

Page 1251

persons utilizing the services of any financial institution, its subsidiary, or affiliate. (c) All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time. Section 2 . Said chapter is further amended by striking paragraph (10) of Code Section 7-1-261, relating to operational powers, and substituting in lieu thereof a new paragraph (10) to read as follows: (10) To have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized including those authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Section 7-1-288 and to carry on a banking or trust business consistent with the objectives of this chapter and the regulations of the department. Section 3 . Said chapter is further amended by striking Code Section 7-1-262, relating to the power to hold real estate, in its entirety and substituting in lieu thereof a new Code Section 7-1-262 to read as follows: 7-1-262. (a) A bank or trust company may solely or jointly with other persons or corporations acquire and hold such real property as it: (1) Occupies or intends to occupy primarily for the transaction of its business, the business of any subsidiary or affiliate, or the recreational use of its employees or partly so occupies and partly leases; (2) Acquires for the purpose of providing parking or other facilities primarily for the use of its tenants, customers, officers, and employees; or

Page 1252

(3) Acquires with others for the purpose of providing data processing facilities or other support services for the bank or trust company or any subsidiary solely or in cooperation with others, subject to the limitation that the investment of the bank or trust company in all such real property, in all furniture, fixtures, and equipment acquired in connection with any real property owned or leased by the bank or trust company, in all alterations of buildings on real property owned or leased by the bank or trust company, in all shares of corporations organized for the purpose of holding real estate in the categories described above where the bank or trust company or a subsidiary of the bank or trust company owns 25 percent or more of such shares outstanding, in obligations of or for the benefit of such corporations or loans upon the security of the shares of such corporations or, to the extent of the bank's or trust company's pro rata interest, the security of the real estate itself, and in all estate, furniture, fixtures, or equipment held beyond the limits specified in Code Section 7-1-263 shall not exceed 60 percent of the statutory capital base of the bank or trust company, or such larger amount as may be approved by the department. (b) All acquisitions of real property for purposes authorized above must be accorded prior written approval by the department in advance of the acquisition except to the extent authorized by regulation. Section 4 . Said chapter is further amended by adding at the end of Code Section 7-1-286, relating to real estate loans, a new subsection (e) to read as follows: (e) Notwithstanding any other provisions of this chapter and otherwise subject to regulations of the department, a bank or trust company may acquire, directly or indirectly, an ownership interest in real estate incidental to the financing of the purchase, development, or improvement of such real estate, provided: (1) The amount of such ownership interest shall not exceed 25 percent of the appraised value of the real estate; (2) The amount of such ownership interest when aggregated with the amount financed shall not exceed the

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limitations prescribed by this Code section and Code Section 7-1-285; (3) The ownership interest shall be terminated upon substantial repayment of the financing in the manner prescribed in Code Section 7-1-263, relating to the divestiture of real estate interest; and (4) Anytime real estate owned by a bank or trust company pursuant to the provisions of Section 4 of this Act is held or disposed of pursuant to the provisions of Code Section 7-1-263, said action to hold or dispose shall be reported in writing annually to the stockholders. Said report shall include disclosure of any real estate acquired by foreclosure or the taking by a deed in lieu of foreclosure and the name or names of the corporation or individuals from whom title was taken. Section 5 . Said chapter is further amended by striking Code Section 7-1-287, relating to investment securities, in its entirety and substituting in lieu thereof a new Code Section 7-1-287 to read as follows: 7-1-287. Notwithstanding the limitations of Code Section 7-1-288, a bank may purchase, sell, underwrite, and hold securities which are obligations in the form of bonds, notes, or debentures or mutual funds, investment trusts, or pools primarily consisting of such bonds, notes, or debentures to the extent authorized by the department. The department may issue regulations which prescribe operating restrictions and standards of conduct dealing with potential conflicts of interest and shall prescribe rules for divestiture of securities held in violation of such regulations and fines for violations not to exceed $10,000.00 per day during which each violation remains uncorrected. A bank may hold without limit securities which are obligations of the United States or obligations which are guaranteed fully as to principal and interest by the United States or general obligations of any state. Section 6 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-288, relating to corporate stock and securities, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

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(c) Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account: (1) Shares of stock of a federal reserve bank without limitation of amount; (2) Shares of stock of: (A) Any state or federal government sponsored instrumentality for the guarantee, underwriting, or marketing of residential housing or financing of residential housing; (B) A business development corporation or small minority business development corporation authorized under Article 6 of this chapter; (C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes under programs administered by the federal farm credit system; (D) A bank service corporation created to provide support services for one or more financial institutions; (E) (i) A banking institution principally engaged in foreign or international banking or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; or

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(ii) A banking institution which is engaged in providing banking or other financial services to such extent as is permitted by regulations of the department to depository financial institutions located primarily within this state and whose ownership consists primarily of such depository financial institutions; (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to, conducting a safe-deposit business, holding real estate, acting as a financial planner or investment advisor, offering of a full range of investment products, promoting and facilitating international trade and commerce, or exercising powers incidental to the banking business as provided in paragraph (10) of Code Section 7-1-261; provided, however, nothing contained in this Code section shall exempt any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and (G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the `Georgia Nonprofit Corporation Code' for the purpose of meeting the agricultural, housing, health, transit, educational, environmental, or similar needs where the department determines that investment therein by banks is in the public interest, provided that the bank's investment in any such category of stock under this paragraph shall not exceed 10 percent of its statutory capital base, except that, in the case of stock acquired under subparagraph (F) of this paragraph, such investment shall not exceed the lesser of 10 percent of the total assets of the bank or 100 percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subparagraphs (D) through (G) of this paragraph without the prior approval of the department; and

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(3) Shares of stock of small business investment companies organized under acts of Congress and doing business in this state, provided that the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base. Section 7 . Said chapter is further amended by striking Code Section 7-1-314, relating to the purchase in fiduciary capacity of securities underwritten by syndicate which includes the financial institution, in its entirety and substituting in lieu thereof a new Code Section 7-1-314 to read as follows: 7-1-314. A trust company or a financial institution with fiduciary powers may, in its fiduciary capacity, purchase securities underwritten by a syndicate which includes the financial institution or an affiliate of the financial institution, provided such purchase is otherwise prudent, not prohibited by the instrument governing the fiduciary relationship, and not otherwise inconsistent with regulations issued by the department. Section 8 . Said chapter is further amended by striking the period at the end of paragraph (4) and substituting in lieu thereof the symbol ; and by adding a new paragraph (5) at the end of Code Section 7-1-842, relating to felonies of directors, officers, agents, and employees of financial institutions and the aiding and abetting of false entries, to read as follows: (5) Uses information obtained through his association with the financial institution which he serves as a director, officer, agent, or employee, which is not otherwise publicly available, with the intent to realize personal gain or to cause financial harm to another party shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or twice the amount of improper gain realized, whichever is less, or by imprisonment and labor in the penitentiary for not less than one year nor more than five years, or both. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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FINANCIAL INSTITUTIONSINCORPORATION; FILINGS WITH THE DEPARTMENT OF BANKING AND FINANCE. Code Title 7, Chapter 1 Amended. No. 624 (Senate Bill No. 151). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the Department of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected 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 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-131, relating to reservation of name, in its entirety and substituting in lieu thereof a new Code Section 7-1-131 to read as follows: 7-1-131. (a) The exclusive right to use a name permitted to be used by a financial institution may be reserved by a person intending to incorporate such an institution or by a corporation intending to engage in business in this state as a financial institution or by a financial institution intending to change its name or by a national bank, a federal credit union, or a savings and loan association intending to convert into a financial institution organized under the laws of this state. (b) Such reservation may be made by filing with the department an application in duplicate to reserve a specified name. If the department concludes that the use of the name complies with the requirements of Code Section 7-1-130 and is otherwise consistent with the purposes and provisions of this

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chapter, and is distinguishable upon the records of the Secretary of State from the name of any other corporation, limited partnership, or professional association, it shall reserve the name and notify the Secretary of State of such name reservation. (c) The right to the exclusive use of a name reserved pursuant to this Code section may be transferred to anyone who would be entitled to reserve such name under this Code section except for such prior reservation by filing with the department a notice of the transfer which shall be executed by the transferor who reserved the name and which shall set forth the name and address of the transferee. The department shall send a copy of such notice to the Secretary of State. (d) The department may revoke any reservation if, after hearing, the department finds that the application therefor or any transfer was not made in good faith or otherwise not in conformity with law. (e) Notwithstanding any other provisions of law, the process set forth in this Code section shall be the exclusive process for reserving the corporate name of a financial institution. Section 2 . Said chapter is further amended by striking Code Section 7-1-243, relating to restrictions on banking and trust nomenclature, in its entirety and substituting in lieu thereof a new Code Section 7-1-243 to read as follows: 7-1-243. (a) Except as provided in subsection (c) of this Code section, no person or corporation except a bank, a national bank, or a corporation lawfully owning the majority of the voting stock of a bank or national bank or a subsidiary of such bank, national bank, or corporation shall use the words `bank,' `banker,' `banking company,' `banking house,' or any other similar name indicating that the business done is that of a bank upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter. (b) Except as provided in paragraph (2) of subsection (c) of this Code section, no person or corporation except:

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(1) A corporation lawfully authorized to exercise trust powers or any subsidiary thereof; (2) A corporation lawfully owning the majority of the voting stock of any corporation authorized to exercise trust powers, or any subsidiary of such owner corporation; (3) An enterprise whose structure is in the nature of a trust where the trustees include a corporation lawfully authorized to exercise trust powers in this state; or (4) An eleemosynary institution shall use the words `trust' or `trust company' or any similar name indicating that the business done is that of a trust company upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter. (c) Nothing in this Code section shall be construed to: (1) Prevent the use of the words `banks,' `banker,' `banking,' `banker's,' or any similar word in a context clearly not purporting to refer to a banking business or to a business primarily engaged in the lending of money, underwriting or sale of securities, acting as a financial planner or investment adviser, or acting as a loan broker; (2) Prohibit advertisement in media distributed in or transmitted into this state by persons or corporations lawfully engaged in the banking or trust business outside of this state; or (3) Prevent any person or corporation from continuing to use its name legally in use on April 1, 1989. (d) The department shall advise the Secretary of State of any corporate name or proposed corporate name it deems to be inconsistent with this Code section. Section 3 . Said chapter is further amended by striking paragraph (10) of Code Section 7-1-260, relating to general corporate

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powers, and substituting in lieu thereof a new paragraph (10) to read as follows: (10) To reimburse and indemnify litigation, liabilities, and expenses of directors, officers, and employees pursuant to agreements with them or otherwise and to purchase and maintain liability insurance for their benefit unless otherwise limited pursuant to this chapter. Section 4 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-310, relating to powers to act as fiduciary and in other representative capacities, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Every bank, building and loan association, and credit union operating pursuant to this chapter shall possess all of the rights, privileges, powers, and responsibilities herein conferred upon trust companies; provided, however, that no such bank, building and loan association, or credit union shall exercise such powers and privileges without the prior written approval of the department after a careful consideration of the factors enumerated in Code Section 7-1-394, relating to the chartering of trust companies. Any bank exercising or partially exercising trust powers prior to February 27, 1976, authorized by its articles may continue to exercise or partially to exercise those powers to the extent approved by the department without the necessity of obtaining a new approval. Section 5 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-392, relating to articles of incorporation and advertisement of articles or notice of application, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The incorporators shall file with the department, in triplicate, the articles, together with the fee required by Code Section 7-1-862. Such filing shall constitute an application for a certificate of incorporation. Immediately upon the filing of the articles, the department shall certify one copy thereof and return it to the applicants, who shall, in conformity with Code Section 7-1-7, cause to be published a copy of the articles or, in lieu thereof, a statement in substantially the following form:

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An application for a certificate of incorporation of a (bank, trust company, or bank and trust company) to be known as theand to be located inCounty, Georgia, will be made to the Secretary of State of Georgia by (names and addresses of incorporators) in accordance with the applicable provision of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the `Financial Institutions Code of Georgia.' A copy of the articles of incorporation of said proposed (bank, trust company, or bank and trust company) and the application has been filed with the Department of Banking and Finance. The following persons have been proposed as the initial directors: (names and addresses of proposed directors). Section 6 . Said chapter is further amended by striking Code Section 7-1-394, relating to investigation and approval or disapproval by department, in its entirety and substituting in lieu thereof a new Code Section 7-1-394 to read as follows: 7-1-394. (a) Upon receipt of the articles and the filings and fees from the incorporators as required by Code Section 7-1-393, the department shall conduct such investigation as it may deem necessary to ascertain whether it should approve the proposed bank or trust company. The department shall approve the bank or trust company if and only if it determines in its discretion that: (1) The articles and supporting items satisfy the requirements of this chapter; (2) The convenience and needs of the public will be served by the proposed bank or trust company; (3) There is a reasonable promise of adequate support for the bank or trust company in the light of: (A) The competition offered by existing banks and trust companies and other financial institutions; (B) The previous financial history of the community as to banks, trust companies, and other financial institutions;

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(C) As to banks, the opportunities for profitable employment of bank funds as indicated by the average demand for credit, the number of potential depositors, the volume of bank transactions, and the businesses and industries of the community with particular regard to their stability, diversification, and size; (D) As to trust companies, the opportunities for profitable employment of fiduciary or other representative services; (4) The character and fitness of the incorporators, of the directors, and of the proposed officers are such as to command the confidence of the community and to warrant the belief that the business of the proposed bank or trust company will be honestly and efficiently conducted; (5) There has not been any material violation of Code Section 7-1-391, so that approving the articles would, in the opinion of the department, impair the policy manifested by that provision; (6) The capital structure of the proposed bank or trust company is adequate in relation to the amount and character of the anticipated business of the bank or trust company and the safety of prospective depositors; and (7) In the case of trust companies, the proposed company will have sufficient personnel with adequate knowledge and experience to administer fiduciary accounts. (b) Within 90 days after receipt of the articles and the filings and fees from the incorporators as required by Code Section 7-1-393, the department shall approve or disapprove the proposed bank or trust company. In giving approval, the department may impose conditions to be satisfied prior to the issuance of a permit to do business under Code Section 7-1-396. If the department, in its discretion, shall approve the proposed bank or trust company with or without conditions, it shall deliver its written approval of the articles to the Secretary of State and notify the incorporators of its action, provided that if the approval of a federal public body is also required with respect to the bank or trust company, then the department may, at its

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option, withhold its written approval from the Secretary of State until such approval is given and may, at its option, withdraw its approval if the federal public body refuses to grant its approval to the bank or trust company. If the department, in its discretion, shall disapprove the proposed bank or trust company, it shall notify the incorporators of its disapproval and state generally the unfavorable factors influencing its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90. (c) Nothing contained in this Code section or in Code Section 7-1-608 shall limit the authority of the department to approve the organization of a special purpose bank or trust company which does not do a general banking business with the public but is organized for the purpose of conducting a limited banking business which facilitates the economic, commercial, and export-import trade growth of this state. Section 7 . Said chapter is further amended by striking paragraph (1) of Code Section 7-1-395, relating to issuance of certificate of incorporation, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The written approval of the department with a copy of the articles of incorporation attached; . Section 8 . Said chapter is further amended by adding at the end of paragraph (7) the word or, by striking the symbol and word ; or from the end of paragraph (8) and substituting in lieu thereof a period, and by striking paragraph (9) of subsection (a) of Code Section 7-1-510, relating to authorized amendments, which reads as follows: (9) In the case of a regulated certificated bank existing under the laws on April 1, 1975, to become a bank with all the rights and duties of a bank incorporated under this chapter. Section 9 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-512, relating to execution, contents, filing, and effect of articles of amendment, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) The articles of amendment shall be filed with the department in triplicate together with: (1) The fee required by Code Section 7-1-862; and (2) As soon as possible, a publisher's affidavit as proof of publication of the advertisement required by Code Section 7-1-513. The filing of articles of amendment shall constitute an application for a certificate of amendment. If the articles of amendment involve a change in the name of a bank or trust company, it shall reserve the proposed new name under the procedures of Code Section 7-1-131. Section 10 . Said chapter is further amended by striking Code Section 7-1-513, relating to certification of articles of amendment, referral to department, and publication of notice, in its entirety and substituting in lieu thereof a new Code Section 7-1-513 to read as follows: 7-1-513. When the articles of amendment are filed, the department shall certify one of the copies thereof and deliver the same to the bank or trust company. The bank or trust company, in conformity with Code Section 7-1-7, shall cause to be published a copy of the articles of amendment or, in lieu thereof, a statement in substantially the following form: NOTICE OF AMENDMENT An application for a certificate of amendment of its articles of incorporation has been made by (name of bank or trust company) by filing such application with the Department of Banking and Finance in accordance with the applicable provisions of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the `Financial Institutions Code of Georgia.' The (purpose) (purposes) of said articles of amendment (is) (are) (state the purpose of each amendment affected by the articles of amendment).

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Section 11 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-514, relating to approval or disapproval of articles of amendment, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Within 60 days after receipt of the articles of amendment, the department, in its discretion, shall approve or disapprove the articles of amendment on the basis of its investigation and criteria set forth in subsection (a) of this Code section. If the department shall approve the articles of amendment, it shall deliver its written approval to the Secretary of State with a copy of the amendment attached and notify the bank or trust company of its action. If the department shall disapprove the articles of amendment, it shall give written notice to the bank or trust company and shall furnish to the bank or trust company a statement generally setting out the unfavorable factors influencing its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90. Section 12 . Said chapter is further amended by striking Code Section 7-1-532, relating to execution, contents, and filing of articles of merger or consolidation, in its entirety and substituting in lieu thereof a new Code Section 7-1-532 to read as follows: 7-1-532. (a) Upon adoption of the plan of merger or consolidation as provided in Code Section 7-1-531, the parties to the merger or consolidation shall file in duplicate with the department articles of a merger or consolidation as required by this Code section, together with the fee required by Code Section 7-1-862. (b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to the plan under their respective seals and shall contain: (1) The names of the parties to the plan and of the resulting bank or trust company; (2) The county of the location of the registered office of each;

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(3) The votes by which the plan was adopted and the time, place, and notice of each meeting in connection with such adoption; (4) The names and addresses of the first directors of the resulting bank or trust company; (5) In the case of a merger, any amendment of the articles of the resulting bank or trust company; (6) In the case of a consolidation, the provisions required in articles of a new bank or trust company by paragraphs (3), (4), (5), (6), and (9) of subsection (a) of Code Section 7-1-392; and (7) The plan. (c) In the event the plan is amended as provided in Code Section 7-1-531, the parties shall promptly file in duplicate with the department an amendment to the articles of consolidation or merger reflecting such amendment of the plan. Section 13 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-533, relating to filings with department and publication of notice, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The parties to the plan shall publish, in the manner required by Code Section 7-1-7, a notice of the proposed merger or consolidation. Such notice shall contain the names of the institutions which are parties to the proposed merger or consolidation and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. The notice shall be published in each county in which the parties to the plan have offices engaged in the banking or trust business or, in the case of a party which is not a bank or trust company, in the county where the registered office of the corporation, if any, is located. The parties shall file with the department an affidavit of the newspaper publisher or his agent attesting that the publication required by this subsection has occurred.

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Section 14 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-534, relating to approval or disapproval by department, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Within 90 days after receipt of the articles of merger or consolidation and the filings required by Code Section 7-1-533, or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section 7-1-535, the department shall give the Secretary of State written notice of its approval with a copy of the articles of merger or consolidation attached. The department shall also give the parties to the plan written notice of its decision and, in the event of disapproval, a statement in general of the reasons for its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90. Section 15 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-537, relating to rights of dissenting shareholders and surrender of certificates, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A shareholder of a bank or trust company which is a party to a plan of proposed merger or consolidation under this part who objects to the plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under Chapter 2 of Title 14, known as the `Georgia Business Corporation Code. Section 16 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-551, relating to articles of conversion, merger, or consolidation of national bank to state bank or trust company, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The party or parties desiring to consummate a conversion, merger, or consolidation authorized by Code Section 7-1-550 shall, upon requisite approval of the plan by their directors and shareholders, file with the department, in triplicate, articles

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of conversion, merger, or consolidation, together with the fee required by Code Section 7-1-862. Section 17 . Said chapter is further amended by striking Code Section 7-1-553, relating to approval or disapproval by department and federal approval or disapproval of conversions, mergers, and consolidations of national bank to state bank or trust company, in its entirety and substituting in lieu thereof a new Code Section 7-1-553 to read as follows: 7-1-553. (a) The department shall conduct such investigation as it may deem necessary to ascertain whether: (1) In the case of a conversion: (A) The articles of conversion and supporting items satisfy the requirements of this chapter; (B) The plan adequately protects the interests of depositors, other than creditors and shareholders; and (C) The requirements for a conversion under all applicable laws have been satisfied and the resulting institution would satisfy the requirements of this chapter applicable to it; and (2) In the case of a merger or consolidation, the criteria stated in subsection (a) of Code Section 7-1-534 are satisfied. (b) Within 90 days after receipt of the articles and the filings required by Code Section 7-1-552, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. If the department shall approve the articles, it shall deliver its written approval with a copy of the articles attached to the Secretary of State and notify the national bank, and any other parties to the plan, of its action, provided that, if approval of any federal agency is required, the department may withhold, at its option, its approval from the Secretary of State until such federal approval is given. If required federal approval is not given, the department may, at its option, withdraw its approval for this reason. If the department shall disapprove, at

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its option, the application, it shall give written notice to the national bank and any other parties to the plan of its disapproval and a statement to them generally of the reasons for its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. Section 18 . Said chapter is further amended by striking Code Section 7-1-572, relating to right of shareholder to dissent, in its entirety and substituting in lieu thereof a new Code Section 7-1-572 to read as follows: 7-1-572. A shareholder of a bank or trust company shall have the right to dissent from any sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of a bank or trust company pursuant to Code Section 7-1-571, except for a sale wholly for cash where the shareholders' approval thereof is conditional upon the distribution of all, or substantially all, of the net proceeds of the sale to the shareholders in accordance with their respective interests within one year after the date of the sale. The shareholders' right of dissent shall be exercised as provided in Chapter 2 of Title 14, known as the `Georgia Business Corporation Code. Section 19 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-630, relating to initial subscribers and to the contents and filing of articles, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The subscribers shall file the articles in triplicate with the department together with the fee specified in Code Section 7-1-862. The department shall certify one copy of the articles and return it to the subscribers. Section 20 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-632, relating to approval or disapproval by department and to certificate of incorporation, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) If the department determines to its satisfaction that the proposed credit union meets the criteria set forth above, it shall, within 90 days from receipt of the articles and in compliance with Code Section 7-1-631, send a copy of the articles and

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written approval of the articles to the Secretary of State after making such changes in the articles or bylaws consistent with this article and with the consent of the subscribers that it deems appropriate. Such approval shall indicate any changes made to the articles including changes from the proposed field of membership. If the department shall disapprove the articles, the procedures of subsection (b) of Code Section 7-1-635 shall be followed. Section 21 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-634, relating to amendment of articles and bylaws, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Every proposed amendment of the articles shall be filed in triplicate with the department together with the fee specified in Code Section 7-1-862. Proposed amendments of the bylaws shall be filed with the department. Section 22 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-635, relating to procedures for department, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The department shall, in its discretion, approve or disapprove of proposed amendments to the articles or to the bylaws within 90 days after they are submitted by the credit union and within that time shall so advise the Secretary of State and credit union in writing of its approval or disapproval. Section 23 . Said chapter is further amended by striking subsection (e) of Code Section 7-1-635.1, relating to out-of-state credit unions, and substituting in lieu thereof a new subsection (e) to read as follows: (e) A credit union which is approved under this Code section shall be exempt from the requirements of Article 15 of Chapter 2 of Title 14. Section 24 . Said chapter is further amended by striking Code Section 7-1-712, relating to application of Article 14 of Chapter 2 of Title 14, in its entirety and substituting in lieu thereof a new Code Section 7-1-712 to read as follows:

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7-1-712. Notwithstanding the definition of the term `foreign corporation' appearing in paragraph (10) of Code Section 14-2-140, all of the provisions of Article 15 of Chapter 2 of Title 14, relating to foreign corporations, shall apply to all international bank agencies doing business in this state, except that references therein to the Secretary of State should be construed as references to the department. Section 25 . Said chapter is further amended by striking Code Section 7-1-742, relating to action on articles by Secretary of State and to preconditions to business, in its entirety and substituting in lieu thereof a new Code Section 7-1-742 to read as follows: 7-1-742. The department shall not approve the articles until at least 15 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 department with the articles, and the filing of same shall be a condition precedent to the approval of the articles by the department. Whenever the articles shall have been filed in the office of the Secretary of State and approved by the department 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. Section 26 . Said chapter is further amended by striking Code Section 7-1-744, relating to certification by Secretary of State, in its entirety and substituting in lieu thereof a new Code Section 7-1-744 to read as follows: 7-1-744. 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. Section 27 . Said chapter is further amended by striking Code Section 7-1-773, which reads as follows: 7-1-773. (a) Upon receipt of articles, the department shall exercise its discretion in its consideration thereof; but the department shall not approve them until it has ascertained to its satisfaction:

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(1) That the public need and advantage will be promoted by the establishment of the building and loan association; (2) That conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation; and (3) 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 the articles, the department shall approve or disapprove the articles in writing. The decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90., in its entirety and substituting in lieu thereof the following: 7-1-773. Reserved. Section 28 . Said chapter is further amended by striking Code Section 7-1-774, which reads as follows: 7-1-774. (a) The Secretary of State shall not approve the articles until: (1) The proposed name of the building and loan association has been reserved pursuant to Code Section 7-1-131; (2) The written approval of the department issued pursuant to Code Section 7-1-773 has been received; and (3) The fees required by Code Section 7-1-862 have been received. (b) The Secretary of State shall not grant any renewals or amendments to any existing articles of any such association without the prior written approval of the department. Any new articles or any renewals of or amendments to any existing articles or charters granted in the future without such prior written approval shall be null and void.,

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in its entirety and substituting in lieu thereof the following: 7-1-774. Reserved. Section 29 . Said chapter is further amended by striking Code Section 7-1-775, which reads as follows: 7-1-775. (a) Subject to the approval of the department under subsection (b) of this Code section, the articles may be amended by the affirmative vote of two-thirds of the members of the building and loan association entitled to vote thereon. (b) Within 30 days after any meeting at which an amendment to 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 written approval of 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. (c) Upon the approval of the department, articles of amendment signed and sworn to by the president, setting forth such amendment and due adoption thereof, shall, together with the department's written approval thereof, 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., in its entirety and substituting in lieu thereof the following: 7-1-775. Articles of incorporation for a building and loan association shall be filed and processed in accordance with the provisions contained in Part 8 of Article 2 of this chapter. Articles of amendment to articles of incorporation for a building and loan association shall be filed and processed in accordance with the provisions contained in Part 13 of Article 2 of this chapter.

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Section 30 . Said chapter is further amended by striking Code Section 7-1-776, relating to certificate of incorporation or amendment issued by Secretary of State, in its entirety and substituting in lieu thereof a new Code Section 7-1-776 to read as follows: 7-1-776. Upon compliance with Code Section 7-1-395 or 7-1-516, the Secretary of State shall issue to the incorporators or the building and loan association a certificate of incorporation or amendment, as the case may be. Section 31 . Said chapter is further amended by striking subparagraph (a)(3)(G) of Code Section 7-1-845, relating to miscellaneous felonies and to when they are punished as misdemeanors, in its entirety and substituting in lieu thereof a new subparagraph (G) to read as follows: (G) A building and loan association before its articles are approved; or. Section 32 . Said chapter is further amended by striking Code Section 7-1-862, relating to fees to be paid to Secretary of State, which reads as follows: 7-1-862. The Secretary of State shall charge and collect the following fees in connection with the filing of the designated documents: Articles of incorporation, amendment, merger, consolidation, conversion, or dissolution of a bank or trust company $100.00 Articles of incorporation of a credit union 10.00 Articles of amendment of a credit union 10.00 Approved articles of a business development corporation or amendments thereto 15.00 Approved articles of a building and loan association or amendments thereto 15.00 Application to reserve a name for a financial institution and to renew a reservation 3.00,

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in its entirety and substituting in lieu thereof the following: 7-1-862. The Secretary of State shall charge and collect fees with regard to filings by persons subject to the provisions of this chapter to the same extent as are charged and collected with regard to similar filings by corporations organized under Chapter 2 of Title 14, known as the `Georgia Business Corporation Code'. Section 33 . Said chapter is further amended by striking Code Section 7-1-942, relating to approval of articles by Secretary of State, in its entirety and substituting in lieu thereof a new Code Section 7-1-942 to read as follows: 7-1-942. The department 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 department with the articles, and the filing of same shall be a condition precedent to the approval of the articles by the department. Whenever the articles shall have been filed in the office of the Secretary of State and approved by the department 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. Section 34 . Said chapter is further amended by striking Code Section 7-1-944, relating to filing departmental approval with Secretary of State and to issuance of certificate, in its entirety and substituting in lieu thereof a new Code Section 7-1-944 to read as follows: 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. Section 35 . This Act shall become effective on July 1, 1989.

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Section 36 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. INSURANCEMEDICARE SUPPLEMENT INSURANCE; REGULATION. Code Section 33-6-4 Amended. Code Section 33-24-29 Repealed. Code Title 33, Chapter 43 Enacted. No. 626 (Senate Bill No. 234). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the Georgia Insurance Code, so as to provide for unfair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to provide standards for provisions of medicare supplement insurance policies; to provide minimum standards for benefits and claims payment under medicare supplement insurance policies; to provide filing requirements and loss ratio standards for such policies; to provide limitations on the compensation of agents; to provide disclosure standards for such policies; to require certain notices; to provide filing requirements for advertisements for such policies; to authorize the Commissioner of Insurance to promulgate 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 . Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the Georgia Insurance

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Code, is amended by striking paragraph (12) of subsection (b) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, and inserting in lieu thereof a new paragraph (12) to read as follows: (12) (A) Representing that any insurer or agent is employed by or otherwise associated with any medicare program as defined in Code Section 33-43-1 or the United States Social Security Administration or that any insurance policy sold or offered for sale has been endorsed or sponsored by the federal or state government; (B) Knowingly selling or offering to sell medicare supplement insurance coverage as defined in Code Section 33-43-1 which is not in compliance with the provisions of Chapter 43 of this title, relating to medicare supplement insurance, or the rules and regulations promulgated by the Commissioner pursuant to Chapter 43 of this title; (C) Representing that any individual policy is a group policy or that the insurer, agent, or policy is endorsed, sponsored by, or associated with any group, association, or other organization unless such is, in fact, the case; (D) Knowingly selling to Medicaid recipients substantially unnecessary coverage which duplicates benefits provided under the Medicaid program without disclosing to the prospective buyer that it may not be to the buyer's benefit or that it might actually be to the buyer's detriment to purchase the additional coverage. Section 2 . Said title is further amended by striking Code Section 33-24-29, which reads as follows: 33-24-29. (a) As used in this Code section, the term: (1) `Insurer' means any insurer authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30. (2) `Medicaid' means any program of medical assistance provided by this state in accordance with the State

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Plan for Medical Assistance as established in Title XIX of the federal Social Security Act of 1935, as amended. (3) `Medicare' means any benefits provided under the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as it existed on January 1, 1980. (4) `Medicare supplement insurance policy' means any policy, plan, certificate, or subscriber contract or agreement of any form which provides for accident and sickness insurance designed primarily to supplement medicare benefits or is advertised, marketed, or otherwise purports to be a supplement to medicare benefits and is delivered or issued for delivery in this state on and after November 1, 1980. (b) No insurance company, hospital service nonprofit corporation, nonprofit medical service corporation, health care plan, fraternal benefit society, or other insurer shall deliver or issue for delivery any individual medicare supplement insurance policy which does not provide reasonable benefits to the insured in relation to the premium paid. (c) The Commissioner shall adopt any rules and regulations as he deems necessary for the regulation of medicare supplement insurance. The rules and regulations may regulate minimum benefits, waiting periods, exclusions, reductions, preexisting limitations, and readability and advertising and may include any other requirements as the Commissioner deems necessary for the protection of the citizens of this state. Additionally, the Commissioner shall develop a uniform disclosure statement for use in conjunction with the sale of all medicare supplement insurance sold in this state. (d) This Code section shall apply to all insurers authorized to transact insurance business in this state., in its entirety and inserting in its place the following: 33-24-29. Reserved. Section 3 . Said title is further amended by adding immediately following Chapter 42, relating to long-term care insurance, a new chapter to be designated Chapter 43, to read as follows:

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CHAPTER 43 33-43-1. As used in this chapter, the term: (1) `Applicant' means: (A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and (B) In the case of a group medicare supplement policy or subscriber contract, the proposed certificate holder. (2) `Certificate' means any certificate issued under a group medicare supplement policy, which certificate has been delivered or issued for delivery in this state. (3) `Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract which is advertised, marketed, or designed primarily as a supplement to reimbursement under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare by reason of age. (4) `Medicare' means the `Health Insurance for the Aged Act,' Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended. 33-43-2. Except as otherwise specifically provided, this chapter shall apply to: (1) All medicare supplement policies and subscriber contracts delivered or issued for delivery in this state on or after the effective date hereof; and (2) All certificates issued under group medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in this state. This chapter shall not apply to a policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or

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combination thereof, for employees or former employees, or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations. This chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or benefit plans. 33-43-3. (a) No medicare supplement insurance policy, contract, or certificate in force in the state shall contain benefits which duplicate benefits provided by medicare. (b) The Commissioner shall issue reasonable regulations to establish specific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supplement policies. The standards may cover, but shall not be limited to: (1) Terms of renewability; (2) Initial and subsequent conditions of eligibility; (3) Nonduplication of coverage; (4) Probationary periods; (5) Benefit limitations, exceptions, and reductions; (6) Elimination periods; (7) Requirements for replacement; (8) Recurrent conditions; and (9) Definitions of terms. (c) The Commissioner may issue reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the Commissioner,

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are unjust, unfair, or unfairly discriminatory to any person insured or proposed for coverage under a medicare supplement policy. (d) Notwithstanding any other provision of this title, a medicare supplement policy may not deny a claim for losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. 33-43-4. The Commissioner shall issue reasonable regulations to establish minimum standards for benefits and claims payment under medicare supplement policies. 33-43-5. (a) Every insurer providing group medicare supplement insurance benefits to a resident of this state pursuant to Code Section 33-43-2 of this chapter shall file a copy of the master policy and any certificate used in this state in accordance with the filing requirements and procedures applicable to group medicare supplement policies issued in this state, provided that no insurer shall be required to make a filing earlier than 30 days after insurance was provided to a resident of this state under a master policy issued for delivery outside this state. (b) Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The Commissioner shall issue reasonable regulations to establish minimum standards for loss ratios of medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing medicare supplement policies or certificates in this state shall file annually its rates, rating schedule, and supporting documentation demonstrating that it is in compliance with the applicable loss ratio standards of this state. All filings of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of this chapter.

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(c) In situations where an existing policy is replaced by another policy with the same company where the new policy benefits are substantially similar to the benefits under the old policy and the old policy was issued by the same insurer or insurer group, no entity shall provide compensation to its agents or other producers which is greater than the renewal compensation which would have been paid on an existing policy. 33-43-6. (a) In order to provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made. (b) The Commissioner shall prescribe the format and content of the outline of coverage required by subsection (a) of this Code section. For purposes of this Code section, `format' means style, arrangements, and overall appearance, including such items as the size, color, and prominence of type and arrangement of text and captions. Such outline of coverage shall include: (1) A description of the principal benefits and coverage provided in the policy; (2) A statement of the exceptions, reductions, and limitations contained in the policy; (3) A statement of the renewal provisions, including any reservation by the insurer of a right to change premiums; and (4) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions. (c) The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare by reason of age, which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance policies, the Commissioner may require by regulation that the information

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brochure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the Commissioner may require by regulation that the prescribed brochure be provided upon request to any prospective insureds eligible for medicare by reason of age, but in no event later than the time of policy delivery. (d) The Commissioner may promulgate regulations for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages, for all accident and sickness insurance policies sold to persons eligible for medicare by reason of age, other than: (1) Medicare supplement policies; (2) Disability income policies or limited benefit policies; (3) Basic, catastrophic, or major medical expense policies; or (4) Single premium, nonrenewable policies. (e) The Commissioner may further promulgate reasonable regulations to govern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts, or certificates by persons eligible for medicare by reason of age. 33-43-7. Medicare supplement policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within 30 days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this Code section shall be paid directly to the applicant by the insurer in a timely manner. 33-43-8. Every insurer, health care service plan, or other entity providing medicare supplement insurance or benefits in

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this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to the Commissioner for review and approval by the Commissioner. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. COUNTIESELECTED COUNTY OFFICERS AND PERSONNEL; HEALTH, LIFE, DISABILITY, AND LIABILITY INSURANCE; RETIREMENT AND PENSION COVERAGE. Code Section 36-1-11.1 Enacted. No. 627 (Senate Bill No. 249). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of, health insurance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof, as well as the dependents and beneficiaries of such officers and personnel; to validate and confirm any prior expenditure of county funds for such purposes and to provide for immunity from liability in connection with any such prior provision of benefits; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, is amended by adding after Code Section 36-1-11 a new Code Section 36-1-11.1 to read as follows: 36-1-11.1. (a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as the dependents and beneficiaries of such officials and personnel. (b) Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989. DEPARTMENT OF PUBLIC SAFETYDEPUTY COMMISSIONER; APPOINTMENT AND DUTIES. Code Section 35-2-7 Amended. No. 628 (Senate Bill No. 260). AN ACT To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the appointment of the deputy commissioner; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking Code Section 35-2-7, relating to the appointment of the deputy commissioner of public safety and his term of office, rank, duties, oath, and membership in the Uniform Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-7 to read as follows: 35-2-7. (a) The commissioner is vested with authority to appoint a deputy commissioner of public safety, who shall have the rank of lieutenant colonel in the Uniform Division of the department. (b) The deputy commissioner may be a member of the Uniform Division of the department and upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office. (c) His appointment shall be subject to confirmation by the board. (d) The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy. (e) The deputy commissioner shall take the same oath as that required of the commissioner, which oath shall be administered by the commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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MUNICIPAL CORPORATIONSCOUNCILS BINDING FUTURE COUNCILS; MUNICIPAL CORPORATIONS OF NOT LESS THAN 400,000; MAYORS; CONTRACTS. Code Section 36-30-3 Amended. No. 629 (Senate Bill No. 323). AN ACT To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, so as to change the provisions relating to governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census authorizing the mayor of such municipalities to enter into certain 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 . Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of councils binding future councils, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which contracts shall be binding on such municipal corporations and on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown development area, as

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defined in paragraph (3) of Code Section 36-42-3; and to authorize the mayor to include in any such contracts for use of property which is located in a downtown development area and is in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such contracts for a period of time not to exceed an additional 50 years. The limitation involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the `Urban Redevelopment Law.' Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1989.

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GEORGIA ENVIRONMENTAL FACILITIES AUTHORITYASSISTANCE TO LOCAL GOVERNMENTS FOR SOLID WASTE FACILITIES; FEES. Code Sections 50-23-4, 50-23-6, 50-23-7, and 50-23-12 Amended. No. 631 (Senate Bill No. 83). AN ACT To amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the Georgia Environmental Facilities Authority Act, relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such program to include assistance for solid waste facilities; to provide for the establishment and collection of certain rents, rates, fees, or charges in connection with solid waste facilities; 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 23 of Title 50 of the Official Code of Georgia Annotated, the Georgia Environmental Facilities Authority Act, relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, is amended by striking paragraphs (5) and (6) of Code Section 50-23-4, relating to definitions of terms, and inserting in their place new paragraphs to read as follows: (5) `Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned: (A) For the purposes of supplying, distributing and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines,

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mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; (B) For the purposes of collecting, treating, or disposing of sewage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage; and (C) For the purposes of collecting, treating, recycling, composting, or disposing of solid waste, including, but not limited to, trucks, dumpsters, intermediate reception stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills, landfill equipment, barrels, binders, barges, alternative technologies and other plant structures, equipment, conveyances, improvements, real or personal property or rights therein, and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, treatment, or disposal of solid waste. (6) `Environmental services' means the provision, collectively or individually, of water facilities, sewerage facilities, solid waste facilities, or management services.

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Section 2 . Said chapter is further amended by striking paragraph (8) of said Code Section 50-23-4 and inserting in its place a new paragraph to read as follows: (8) `Management services' means technical, administrative, instructional or informational services provided to any current or potential loan recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water, sewer, or solid waste systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. Section 3 . Said chapter is further amended by adding between paragraphs (15) and (16) of said Code Section 50-23-4 a new paragraph (15.5) to read as follows: (15.5) `Solid waste facility' means any environmental facility described in subparagraph (C) of paragraph (5) of this Code section, defining `environmental facilities'. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 50-23-6, relating to loans to local governments, and inserting in its place a new subsection to read as follows: (b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following: (1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and repairs; and

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(B) Outstanding indebtedness incurred for the purposes of such sewerage facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) In the case of loans for a solid waste facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the solid waste facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such solid waste facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (4) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such

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revenues as shall be sufficient to make such payment as the same shall become due and payable; (5) Create and maintain such other special funds as may be required by the authority; and (6) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. Section 5 . Said chapter is further amended by striking subsection (f) of Code Section 50-23-7, relating to leases to local governments, and inserting in its place a new subsection (f) to read as follows: (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following: (1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:

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(A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) In the case of a solid waste facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such solid waste facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (4) To create and maintain reasonable reserves or other special funds; (5) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (6) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to

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provide for the remedies of the authority in the event of a default by such local government in such payment. Section 6 . Said chapter is further amended by striking paragraph (2) of Code Section 50-23-12, relating to immunity of the authority's officers and employees from liability, and inserting in its place a new paragraph (2) to describe certain activities which shall not give rise to liability and to read as follows: (2) The construction, ownership, maintenance, or operation of any solid waste system, sewerage system, environmental facility, or water system owned by a local government; or. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. EROSION AND SEDIMENTATION ACT OF 1975LAND-DISTURBING ACTIVITY; RULES; MINIMUM REQUIREMENTS FOR ORDINANCES; BONDS; COSTS; PERMITS; NOTICES; PENALTIES. Code Title 12, Chapter 7 Amended. No. 632 (Senate Bill No. 84). AN ACT To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, so as to change the definition of land-disturbing activity subject to regulation; to change the role of the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources; to add to the minimum requirements for regulations and ordinances governing land-disturbing activities; to authorize the requirement of the posting

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of a bond prior to issuing a permit; to provide that the director of the Environmental Protection Division may implement the rules of the Board of Natural Resources and seek compliance within a defaulting jurisdiction and collect costs and attorney's fees from the governing authority; to provide for suspension, revocation, or modification of permits when successors in title to permit holders are not in compliance with the approved erosion and sediment control plan or applicable statutes, ordinances, resolutions, rules, or regulations as to all or a portion of the land affected by the approved plan; to provide that holders of permits shall notify their successors in title of the conditions contained in the permits; to increase civil penalties for certain violations; to amend the provisions related to exempt land-disturbing activities; 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 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, is amended by striking paragraph (8) of Code Section 12-7-3, relating to definitions, and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17. Section 2 . Said chapter is further amended by striking Code Section 12-7-5, relating to the adoption of rules, and inserting in lieu thereof 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 in consultation with the commission and shall contain provisions which meet those minimum requirements set forth in Code Section 12-7-6.

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Section 3 . Said chapter is further amended in Code Section 12-7-6, relating to minimum standards, by striking the word and at the end of paragraph (12), by replacing the period at the end of paragraph (13) with a semicolon, and by adding thereafter new paragraphs (14) through (18) to read as follows: (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (18) of this Code section; (15) Land-disturbing activities shall not be conducted within the 100 year flood plain unless compliance with any applicable local flood plain management ordinance is demonstrated or flood storage compensation for flood waters is provided or such construction is in compliance with the Federal Emergency Management Agency regulations; (16) An undisturbed natural vegetative buffer of 25 feet measured from the stream banks shall normally be retained adjacent to any state waters except where otherwise required by Part 6 of Article 5 of Chapter 5 of this title, the `Metropolitan River Protection Act,' or by the department pursuant to Code Section 12-2-8, or when the economic use and the contour of the land require a different buffer subject to the division's approval, or where a drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; (17) Land-disturbing activities shall not be conducted within 100 feet (horizontal) of the banks of any state waters classified as `trout streams' pursuant to Article 2 of Chapter 5 of this title, the `Georgia Water Quality Control Act,' unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; and (18) Discharges of storm-water runoff from disturbed areas shall be controlled to the extent that turbidity of the stormwater runoff shall not exceed 50 nephelometric turbidity units

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higher than the turbidity level of the receiving stream immediately upstream from the storm-water runoff discharge at the time of such discharge except where a roadway drainage structure must be constructed, the turbidity of the receiving stream downstream of the construction site shall not exceed 60 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the construction site. Downstream turbidity measurements shall be taken at points where the entering discharge is fully mixed with the receiving stream flow. Due to the various soils and hydrological and water conditions throughout the state, the division shall have the discretion to vary from the aforesaid nephelometric turbidity units. Section 4 . Said chapter is further amended by striking subsection (d) of Code Section 12-7-7, relating to permits, and inserting in lieu thereof new subsections (d) and (e) 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. (e) When reviewing any application for a land-disturbing activity permit, the issuing authority shall consider the past record of the permit applicant in complying with previous land-disturbing activity permits and this Code section. If the applicant has had two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the issuing authority may

Page 1299

require the applicant to post a bond up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Code section or with the conditions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the issuing authority with respect to alleged permit violations. Section 5 . Said chapter is further amended by adding at the end of Code Section 12-7-8, relating to issuing authorities, a new subsection (d) to read as follows: (d) Notwithstanding any action which may be taken pursuant to subsection (c) of this Code section, the director may determine that the public interest requires initiation of an enforcement action by the director within a jurisdiction certified pursuant to this Code section. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. The governing authority within whose jurisdiction such violation occurs shall be liable to the state for costs incurred by the state in such enforcement actions, including the reasonable cost of attorney's fees when formal legal action is required. Section 6 . Said chapter is further amended by striking Code Section 12-7-9, relating to applications for permits, and inserting in lieu thereof a new Code section to read as follows: 12-7-9. (a) Applications for permits shall be submitted in accordance with this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant hereto. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements set forth in Code Section 12-7-6 shall be met.

Page 1300

(b) No permit shall be issued to any applicant unless the issuing authority affirmatively determines that the plan embracing such activities meets the requirements of Code Section 12-7-6. (c) Permits shall be issued or denied as soon as practicable after the application therefor has been filed with the issuing authority, but in any event not later than 45 days thereafter. Section 7 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-11, relating to the suspension, revocation, or modification of permits, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The permit may be suspended, revoked, or modified by the issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify and successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. Section 8 . Said chapter is further amended by striking subsection (a) of Code Section 12-7-15, relating to civil penalties, and inserting in lieu thereof a new subsection to read as follows: (a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. Section 9 . Said chapter is further amended by striking Code Section 12-7-17, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows:

Page 1301

12-7-17. This chapter shall not apply to the following activities: (1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (4) (A) The construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; or (B) The construction of single-family residences not a part of a larger project and not exempted under subparagraph (A) of this paragraph; provided, however, that construction of any such residence not otherwise exempt must conform to the minimum standards as set forth in Code Section 12-7-6 and that such standards may be enforced by the issuing authority; (5) Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings; (6) Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture; (7) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, `state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall

Page 1302

events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by subparagraph (B) of paragraph (4) or by paragraph (1), (2), (3), (5), (6), (8), (9), or (10) of this Code section; (8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this state; provided, however, that: (A) If such projects are constructed within 200 feet of the banks of any channels or drainageways which have water in them only during and immediately after rainfall events or intermittent streams which do not have water in them year round, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects; (B) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is less than three square miles, then such projects shall conform to the specifications used by the Department of Transportation for control of soil erosion and sedimentation on its highway construction projects;

Page 1303

(C) If such projects are constructed within 200 feet of the banks of any state waters which do have water in them year round and in which the drainage area of the watershed upstream from such projects is equal to or more than three square miles, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6; and (D) If such projects are constructed within 100 feet (horizontal) of the banks of any state waters classified as `trout streams' pursuant to Article 2 of Chapter 5 of this title, the `Georgia Water Quality Control Act,' regardless of the size of the watershed area, then such projects shall conform to the minimum standards set forth in Code Section 12-7-6; (9) Any land-disturbing activities conducted by any airport authority, provided that any such land-disturbing activity shall conform to the minimum standards set forth in Code Section 12-7-6; or (10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum standards set forth in Code Section 12-7-6. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

Page 1304

GEORGIA WATER SUPPLY ACTENACTMENT; ACQUISITION OR CONSTRUCTION OF WATER SUPPLY RESERVOIRS BY THE DEPARTMENT OF NATURAL RESOURCES. Code Sections 12-5-470 through 12-5-482 Enacted. No. 633 (Senate Bill No. 86). AN ACT To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Resources to acquire or construct water supply reservoirs; to authorize the department to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and local governments; to provide for the department to make payments in lieu of ad valorem taxes to local governments; to provide for certain increases or decreases in assessed value of property and payments by the department; to provide for rights of appeal by the department; to confer powers and impose duties on the department; to provide for watershed and wetlands protection; to authorize the department to contract with others pertaining to the water utilities and facilities and to authorize others to contract with the department; to authorize the department and others to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to provide for local government advisory councils and their powers and duties; to provide for application of the Georgia Administrative Procedure Act; to make certain findings concerning the public purposes and benefits to be derived from this Act for the public; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 6 to read as follows:

Page 1305

ARTICLE 6 12-5-470. This article shall be known and may be cited as the `Georgia Water Supply Act.' 12-5-471. As used in this article, the term: (1) `County' means any county created under the Constitution or laws of this state. (2) `Environmental services' means the provision, collectively or individually, of water facilities or management services. (3) `Lease' includes a lease or sublease and may, in the discretion of the department, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. (4) `Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section. (5) `Local government' or `local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the state. (6) `Management services' means technical, administrative, instructional or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature.

Page 1306

(7) `May' means permission and not command. (8) `Municipal corporation' or `municipality' means any city or town in this state. (9) `Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (10) `Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real property surrounding water reservoirs; the acquisition of real property for mitigation of any alteration of environmental resources by the construction of a water reservoir; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (11) `Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections,

Page 1307

water meters, mechanical equipment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water. 12-5-472. (a) The department is authorized to acquire, construct, equip, operate, maintain, expand, and improve a `project,' as such term is defined in paragraph (10) of Code Section 12-5-471, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department shall not engage in competition for customers for its environmental services with any local government offering or providing similar services. (b) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the department or which is funded by the Georgia Environmental Facilities Authority shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection. (c) As a condition precedent to the acquisition or construction of any project, the department shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to tax-exempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax

Page 1308

digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Such assessed value and payments made shall be increased or decreased from year to year thereafter as the value of other property having the same type and use as that of the project property when removed from the digest shall increase or decrease; provided, however, that the department shall have all rights of appeal available as to value pursuant to Code Section 48-5-311. Payments provided for in this subsection shall be made from funds derived by the department and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated to the department for this purpose, which appropriated sums shall become a cost of the project or its operations. Deficiencies in payments shall accrue from year to year until paid together with interest without penalty as provided by law. 12-5-473. The department shall have the following powers: (1) 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 services, purposes, duties, responsibilities, or functions pursuant to this article and any local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department. Site selection for a project shall be made after consideration of input from local governments to be served by the project; (2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article;

Page 1309

(3) To accept 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 limitations and laws of this state and are otherwise within the power of the department; (4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the department to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the department upon such terms and to transfer real and personal property to the state for the use of the department for such consideration and for such purposes as they deem advisable; (5) To collect fees and charges in connection with its commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the department shall determine to be reasonable; (6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local governments are authorized to enter into contracts with the department for such services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the department is managing under contract with the state;

Page 1310

(8) To contract with state agencies or any local government for the use by the department of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the department and such state agencies and local governments are authorized to enter into such contracts; (9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the department may use its own funds pursuant to this article; (10) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local governments, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the department and local governments to achieve or further the policies of the state declared in this article; and (11) To do all things necessary or convenient to carry out the powers conferred by this title. 12-5-474. (a) The department is authorized to fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department in conjunction with such use, as the department 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 a 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 department, if any, to pay the cost of maintaining, repairing, and operating a 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 department on account of a

Page 1311

project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. 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, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (c) The department may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources. 12-5-475. (a) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for: (1) The department to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of the county or municipality; (2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site; and

Page 1312

(3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department makes a final determination of the project site. (b) It shall be the duty of the Board of Natural Resources to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. The initial plan for the activities for each project, other than for water supply, shall be approved by the Project Site Control Advisory Council. Any subsequent change in the initial plan shall be subject to the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 12-5-476. (a) The department is authorized to contract with any local government to exercise on behalf of the local government such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any project of the local government, all as the parties to the contract may determine appropriate. Any such local government is authorized by such contract to delegate to the department all or such goods or services of the department in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project as the parties may by contract determine appropriate. (b) Except as otherwise provided in subsection (c) of Code Section 12-5-472, any such contract shall provide that the local government shall reimburse the department for all of the costs, liabilities, and expenses of the department incurred by the department in exercising such powers or providing such goods or services; and the department shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project.

Page 1313

12-5-477. The foregoing provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 12-5-478. This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. 12-5-479. (a) In the exercise of its powers under this article, the department 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. (b) Pursuant to any such contract, in connection with any facility authorized under this article, the department may undertake such facility or provide such services or facilities of the department, in whole or in part, to or for the benefit of the public entity contracting with the department 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 any such contracting public entity is authorized to undertake to pay the department for such activities, services, or facilities such amounts and upon such terms as the parties may determine. (c) 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 department 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 department.

Page 1314

(d) In connection with its operations, the department may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department is authorized to provide. (e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The membership of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The membership of the Project Site Control Advisory Council shall include the chief executive officers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advisory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The operation and management of a project shall be subject to the review of the Project Site Control Advisory Council formed for such project. (f) A local government by resolution of its governing body may enter into a user agreement for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids. (h) Any user agreement directly between the state or department and a local government may contain provisions requiring the local government: (1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:

Page 1315

(A) The costs of operation, maintenance, renewal, and repairs of the water facility; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves; (2) To create and maintain reasonable reserves or other special funds; (3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or (4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the department in the event of a default by such local government in such payment. 12-5-480. The department shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article. 12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department 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 department 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

Page 1316

public good and the general welfare and promote the general welfare of the state. 12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state, it shall be the duty of the department to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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STATE-WIDE PLANNING AND DEVELOPMENTGOVERNOR'S DEVELOPMENT COUNCIL CREATED; REGIONAL DEVELOPMENT CENTERS; LOCAL GOVERNMENTS; DEPARTMENT OF COMMUNITY AFFAIRS; DEPARTMENT OF NATURAL RESOURCES; POWERS AND DUTIES. Code Titles 2, 8, 12, 31, 32, 36, 44, 45, 49, and 50 Amended. No. 634 (House Bill No. 215). AN ACT To amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose; to provide for definitions; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to create the Governor's Development Council; to provide for the membership, functions, powers, and responsibilities of the Governor's Development Council; to provide for certain powers of the Governor; to provide for other matters relative to the Governor's Development Council; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise extensively the provisions relating to the Department of Community Affairs and the Board of Community Affairs; to provide the powers, duties, responsibilities, and functions of the department, the commissioner, and the board; to provide for the membership of the board; to provide for the promulgation of rules, regulations, procedures, standards, and guidelines; to provide for other matters relative to the department, the commissioner, and the board; to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to area planning and development commissions, so as to revise extensively the provisions relating to area planning and development commissions; to create and establish regional development centers; to provide for membership, dues, powers, duties, functions, and responsibilities of regional development centers; to provide for the succession of area planning and development commissions by regional development centers; to provide for other matters relative to

Page 1318

regional development centers; to amend Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, so as to provide for the powers, duties, and responsibilities of local governments with regard to comprehensive and coordinated planning, participation in regional development centers, and participation in compiling information; to amend Article 1 of Chapter 2 of Title 12, relating to the general provisions regarding the Department of Natural Resources, so as to provide for the powers, duties, and responsibilities of the Department of Natural Resources with regard to the development and implementation of minimum standards and procedures to protect the natural resources, environment, and vital areas of the state; to amend the Official Code of Georgia Annotated so as to delete references to area planning and development commissions and change such references to regional development centers; to make editorial revisions; 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: Part 1 Section 1.1 . Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by adding a new Article 6 to read as follows: ARTICLE 6 45-12-200. Coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government. This article is intended to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state, and this article shall be liberally construed to achieve that end. 45-12-201. As used in this article, the term: (1) `Council' means the Governor's Development Council.

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(2) `Planning' means the process of determining actions which state agencies shall take. (3) `State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia. 45-12-202. The Governor's Development Council is created in the office of the Governor. 45-12-203. (a) The Governor shall serve ex officio as chairman of the council. (b) Membership on the council shall be determined as follows: the Commissioner of Agriculture, the commissioner of community affairs, the State School Superintendent, the commissioner of human resources, the commissioner of industry and trade, the Commissioner of Labor, the commissioner of natural resources, the commissioner of technical and adult education, the commissioner of transportation, the commissioner of corrections, the chancellor of the Board of Regents of the University System of Georgia, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facilities Authority, the commissioner of revenue, the executive director of the State Soil and Water Conservation Commission, and the director of the Georgia Forestry Commission shall serve ex officio. (c) The Governor may, from time to time, appoint, in the Governor's discretion, additional members of the council, but the number of such additional members shall not exceed three at any one time. Each such member shall be the head of a state agency. Any such member shall serve only for a term designated by the Governor. (d) The council shall hold meetings as often as the Governor determines, but not less than once during each calendar month. The Governor as chairman may call special meetings upon adeaquate written, personal, telephone, or facsimile notice to members of the council. The Governor and eight members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate. The Governor may establish, from time to time, such additional rules

Page 1320

and procedures as the Governor deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the Governor deems appropriate. 45-12-204. The council, at the direction of the Governor and subject to this article, shall perform the following functions: (1) Coordinate, supervise, and review planning by state agencies. This shall include, but shall not be limited to, coordination of long-range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive state-wide plan developed by the Governor with the assistance of the Department of Community Affairs; and (2) Establish procedures for, and take action to require, communication and coordination among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies. 45-12-205. The Governor shall have the power to engage, appoint, or designate such staff or assistance for the council as the Governor may deem necessary or appropriate to assist the council in the exercise and performance of its duties. 45-12-206. All state agencies and all counties, municipalities, or other political subdivisions of the state, regional development centers, and other public agencies or public authorities shall have the power and authority to take all actions which may be necessary or appropriate to respond to inquiries and requests from the council, to cooperate with the council in carrying out its duties, and otherwise to take any action which the Governor or the council may direct or require in carrying out their duties under this article. 45-12-207. The provisions of this article shall not be construed so as to permit an agency to initiate, carry out, fail to perform, or to otherwise take actions in any manner which is not authorized by law applicable to such agency or the subject matter. The provisions of this article shall not be construed so as

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to authorize an agency to locate, fail to locate, construct, or fail to construct public projects or facilities in any manner which is inconsistent with the directives of the General Assembly as specified in the authorization of such public projects or facilities. Part 2 Section 2.1 . Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Code Sections 50-8-1 through 50-8-12 and inserting in their respective places new Code Sections 50-8-1 through 50-8-12 to read as follows: 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 July 1, 1989, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after July 1, 1989, 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) `Board' means the Board of Community Affairs. (2) `Commissioner' means the commissioner of community affairs. (3) `Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article. (4) `Conflict' means any conflict, dispute, or inconsistency arising:

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(A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented; (C) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented; (D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department pursuant to this article; or (E) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article. (5) `Constitution' means the Constitution of the State of Georgia. (6) `Contract' means any contract, agreement, or other legally binding arrangement. (7) `Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. Coordinated and comprehensive planning is one of the local government affairs for which the department is authorized to assist in the performance of local government services. (8) `County' means any county of this state.

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(9) `Department' means the Department of Community Affairs. (10) `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. (11) `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. (12) `Local government' means any county, municipality, or other political subdivision of the state; any regional development center; 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 the group to carry out jointly any of their lawful purposes but shall not include school districts. (13) `Local government affairs' means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority. (14) `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.

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(15) `Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department in accordance with this article. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with this article. (16) `Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (17) `Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (18) `Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and (C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (19) `Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.

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(20) `Regional development center' means a regional development center established under Article 2 of this chapter. (21) `Rural area' means any nonurban area in the state as defined in rules and regulations of the department. (22) `School district' means any school district, independent school system, or other local school system in the state. (23) `State' means the State of Georgia. (24) `State agency' means any department, agency, commission, or other institution of the executive branch of the government of 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 be construed as a reference to all terms, conditions, covenants, representations, warranties, and other provisions. 50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this article is to provide for the department to serve these essential public interests of the state by developing, promoting, sustaining and assisting local governments, by developing, promoting, and establishing standards and procedures for coordinated and comprehensive planning, by assisting local governments to participate in an orderly process for coordinated and comprehensive planning, and by assisting local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens. This article shall be liberally construed to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the

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authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV. (b) The department shall serve as the principal department in the executive branch of state government for local 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) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning; (5) 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 coordinated and comprehensive planning; 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 (6) Serve as the representative of the Governor to local governments and in local government affairs on a regular

Page 1327

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 July 1, 1989, shall be abolished effective July 1, 1989, and the Board of Community Affairs, from and after July 1, 1989, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law. (b) Membership on the board shall be determined as follows: (1) The terms of all members of the Board of Community Affairs serving immediately prior to July 1, 1989, shall expire effective July 1, 1989. The Governor shall appoint the initial members of the board for terms beginning on July 1, 1989, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of three of the members shall expire on July 1, 1990, and the terms of three other members shall expire on each July 1 thereafter through July 1, 1994, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each initial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board shall extend beyond the date of expiration 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 of the board shall include, at all times, not less than eight members who are elected officials of either counties or municipalities. 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

Page 1328

counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia. The remaining members shall be appointed by the Governor, in the Governor's discretion, from the state at large and need not be elected officials. These remaining members may be elected or appointed officials of local governments, citizens concerned with environmental issues, citizens interested in development, or other citizens who, in the judgment and discretion of the Governor, would enhance the board by their membership; (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 or residence 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 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; 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 July 1, 1989, shall cease to serve the respective terms for which they were elected, effective July 1, 1989;

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(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; (4) Officers shall serve for a term of one year, beginning with their election and qualification and ending with the election and qualification of their respective successors; and (5) No person shall hold the same office on the board for more than one term consecutively. (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. Eight 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 recieve 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.

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(f) The board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center. 50-8-5. (a) The office of the commissioner of community affairs, as it existed immediately prior to July 1, 1989, 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 July 1, 1989, 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 limited by any amount that may be specified in the appropriations Act. (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;

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(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, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, 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; (3) The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and (4) 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 July 1, 1989, 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 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

Page 1332

and all activities of local government including, but not limited to, preparation and implementation of a comprehensive plan, 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 assistance with respect to preparation or implementation of a local government's comprehensive plan and participation in the process for coordinated and comprehensive planning. This assistance may also include long-range planning relevant to one or more local governments to identify the needs of such local governments or 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 decisions 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 single-family, 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, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations

Page 1333

as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following: (1) The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional development centers, and state agencies. The Georgia date base and network shall include information obtained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, 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. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state; (2) The department shall maintain a strategic rural economic development plan in cooperation with the regional development centers, 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 providing state financial assistance to support local initiatives for rural economic development in rural areas; (3) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any

Page 1334

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; (4) 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 (5) 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. (c) The duties, responsibilities, and functions of the department and the power and authority of the department described in this Code section are cumulative with, and in addition to, all other duties, responsibilities, and functions and power and authority of the department and are not intended to, and shall not be construed to, conflict with any other duties, responsibilities, or functions or any other power or authority of the department, including, but not limited to, the duties, responsibilities, and functions and the power and authority described in Code Section 50-8-7.1. 50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following:

Page 1335

(1) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state; (2) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning; (3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers, and comprehensive plans of municipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and (4) The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments. (b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic resources, infrastructure, land use other than

Page 1336

zoning, recreation, transportation, and economic development; (2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors; (3) The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center for the region, from local governments within the region, and from others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the department's determinations affecting that region; and (4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures. (c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary

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for supervising regional development centers and as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers; and (2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional development centers. (d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following: (1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines; (2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center or local government or may act, without any such request, on its own initiative; (3) The department may establish rules and procedures which require that local governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional development center) shall be submitted for review to the local government's regional development center. Any such proposed action by a regional development

Page 1338

center shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center or the department, as the case may be, that the action will be in the best interest of the state or that it will not be in the best interest of the state; (4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and (5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional development center if such local government or regional development center, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict. 50-8-7.2. The initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be submitted by the department to the General Assembly at the next regular session following the effective date of this Act and shall become effective only when ratified by joint resolution of the General Assembly. The power of the department to promulgate such initial minimum standards and procedures shall be deemed to be dependent upon such ratification. Any subsequent amendments or additions to the initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be promulgated in accordance with and subject to the provisions of Chapter 13 of this title, the `Georgia Administrative Procedure Act.' 50-8-8. (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 make grants to eligible recipients or qualified local governments,

Page 1339

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 or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department: (1) 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; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and (2) May condition the award of any such grants to a county or municipality upon the county or municipality, as the case may be, being a qualified local government. (b) The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant by the department to any eligible recipient or qualified local government shall adversely affect any grant or service to the eligible recipient or qualified local government 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

Page 1340

funds available to eligible recipients or qualified local governments: (1) The department may make available funds by grant to an eligible recipient or qualified local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional development center has failed to comply with its duties as provided by law or with the terms of a contract between such regional development center and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional development center, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional development center under the law or such contract; (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 or qualified local government. 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 a qualified local government or eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified 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;

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(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 or qualified local government 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) Coordinated and comprehensive planning; (G) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness; (H) Purchase or lease of equipment; (I) Operating expenses; (J) Housing projects; (K) 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

Page 1342

other events, in order to provide for the establishment, development, and maintenance of commerce and trade; (L) Any project or purpose described in or permitted under any appropriations to the department; (M) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department; (N) 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; (O) 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; (P) Any project or purpose authorized by federal or state law; or (Q) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department. (c) 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 qualified 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 qualified local governments or other eligible recipients 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, 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,

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the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and (2) The department may accept on behalf of qualified 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. (d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto. (e) 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. (f) 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. (g) 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 by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited. (h) 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 July 1, 1989, are approved, ratified, and confirmed.

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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: (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 including, but not limited to, comprehensive plans of all levels of government consistent and to minimize duplicated or inconsistent programs and policies including, but not limited to, comprehensive plans within the state government and among local governments;

Page 1345

(2) The department may review, on a continuous basis, the programs and policies including, but not limited to, comprehensive plans of all governments acting within the state to determine their consistency with long-range programs and policies of the state; 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 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:

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(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 July 1, 1989. To the extent permitted by law, the Governor may, by executive order issued on or after July 1, 1989, 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. 50-8-12. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning. Part 3 Section 3.1 . Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 2, relating to area planning and

Page 1347

development commissions, in its entirety and inserting in its place a new Article 2 to read as follows: ARTICLE 2 50-8-30. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional development centers to develop, promote, and assist in establishing coordinated and comprehensive planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV. 50-8-31. As used in this article, the term: (1) `Board' means the board of a regional development center. (2) `Caucus' means an informal meeting of any group of board members required, pursuant to this article, to determine how to cast its collective vote or to elect board members in caucus. A caucus shall be governed by such rules as the board members of the class required to caucus shall determine among themselves but shall not be subject to the provisions of Chapter 14 of this title.

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(3) `Center' means a regional development center established under this article. (4) `Chief elected official' means the official of any county or municipality elected as chief elected official (regardless of whether the position which is, in fact, that of chief elected official is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief elected official, a member of the governing body of the municipality or the county, as the case may be, designated by resolution of the governing body. (5) `Collective vote' means the vote of a class of board members determined by a caucus and shall mean one vote for such class, rather than separate votes for each member of the class. (6) `Commissioner' means the commissioner of community affairs. (7) `Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with Article 1 of this chapter. (8) `Conflict' means any conflict, dispute, or inconsistency arising: (A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;

Page 1349

(C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or (D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (9) `Constitution' means the Constitution of the State of Georgia. (10) `Contract' means any contract, agreement, or other legally binding arrangement. (11) `Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. (12) `County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34. (13) `Department' means the Department of Community Affairs. (14) `Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (15) `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.

Page 1350

(16) `Local government' means any county, municipality, or other political subdivision of the state; any regional development center; 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 the group to carry out jointly any lawful purposes but shall not include school districts. (17) `Local plan' means the comprehensive plan for any county or municipality. (18) `Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter. (19) `Municipal board member' means any member of the board representing a municipality, determined pursuant to paragraph (2) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34. (20) `Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (21) `Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.

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(22) `Nonpublic board member' means any board member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is elected as a nonpublic member for that county pursuant to paragraph (3) of subsection (b) or paragraph (3) of subsection (e) of Code Section 50-8-34. (23) `Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and (C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (24) `Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the department. (25) `Regional development center' means a regional development center established under this article. (26) `Regional plan' means the comprehensive plan for a region. (27) `State' means the State of Georgia. 50-8-32. Regional development centers are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures established pursuant to law. Each such agency and instrumentality shall be known as a regional development center and shall be designated, by name for all purposes, with such identifying

Page 1352

words before the term `regional development center' as the board may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional development centers and the region within which each regional development center shall operate shall be established from time to time by the board of community affairs. The board of community affairs shall initially establish the boundaries of each region so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board of community affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center. 50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional development center for the region which includes the municipality or county, as the case may be. (b) (1) Each county and municipality in the state shall pay the annual dues for membership in its regional development center. Each county and the municipalities within such county shall continue to use the arrangement for the payment of dues which was in effect on June 30, 1989, for the payment of dues to the area planning and development commission which preceded the regional development center created by this article until a revised arrangement for the amount, apportionment, and payment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues is structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county. (2) State funds appropriated to the department and available for the purpose of assisting regional development

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centers shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional development centers, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. To be eligible for the minimum funding amount, each regional development center must assess and collect annual dues in the amount of 25 for each resident of each county within the regional development center, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemental funding, each regional development center shall be required to match the amount of the supplemental funds on a dollar-for-dollar basis and shall only use for the purpose of computing matching funds revenues of the regional development center in excess of the amount required for the minimum funding amount. (3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be promulgated by the department in accordance with the procedures of Code Section 50-8-7.2. 50-8-34. (a) The board of each regional development center shall establish policy and direction for the regional development center and shall perform such other functions as may be provided or authorized by law. (b) Membership on the board shall be determined as follows: (1) The chief elected official of each county in the region shall be a county board member; (2) The chief elected official of each municipality in the region shall be a municipal board member; and (3) The county board members and municipal board members from the same county shall together elect one member of the board, who shall be a resident of the county, as the nonpublic board member from such county. For

Page 1354

purposes of electing this board member, the county board member shall have one vote and the municipal board members from that county shall have one collective vote, determined by caucus. If any county board member and the municipal board members casting their collective vote fail to elect a nonpublic member from their county, the board shall not be precluded from taking any authorized action and the votes from that county shall not be recorded until such nonpublic board member has been agreed upon and named as a member of the board. (c) The term of a member of the board who is an elected official shall be for a period of one year and until the member's successor is elected and qualified. The term of a member of the board who is a nonpublic board member shall be for a period of two years. The term of a member shall terminate immediately upon: (1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (3) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of subsection (b) of this Code section. (d) Votes among members of the board shall be allocated as follows: (1) Each county board member shall have one vote; (2) The municipal board members from the same county shall have one collective vote; and (3) Each nonpublic board member shall have one vote. (e) (1) Notwithstanding the other provisions of subsection (b) of this Code section, the board of a regional development center shall have the authority to expand its membership to the extent required to meet board membership requirements imposed by any state or federal program for

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which the regional development center is or, upon such expansion of board membership, will become the administering agency. Any change in board membership as authorized by this subsection shall be proposed by resolution of the board and submitted to the department for approval. Each such resolution shall describe the federal or state program which imposes the requirement for additional board membership and shall specify the proposed number of additional board members, the number of additional board members who shall be elected as county board members, as municipal board members, and as nonpublic board members, and such other information as the department may, from time to time, require. No proposed change in membership shall become effective without prior approval of the department. The department shall promulgate guidelines to assist regional development centers in meeting membership requirements imposed by state and federal programs but such guidelines shall in no event prohibit regional development centers from meeting such requirements. (2) If the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this subsection, the votes among members of that board shall be allocated as follows: (A) Each county member shall have one vote or, if there is more than one county board member from the same county, the county board members from the same county shall have one collective vote; (B) Municipal board members from the same county shall have one collective vote; and (C) Each nonpublic board member shall have one vote or, if there is more than one nonpublic board member from the same county, the nonpublic board members from the same county shall have one collective vote. (3) Notwithstanding the other provisions of this Code section, any additional board membership approved pursuant to paragraph (1) of this subsection shall be filled by members elected by the board from among the following

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classes, in such number or numbers from each class as the department may have approved pursuant to paragraph (1) of this subsection, and such additional members shall be designated as follows: (A) Any member who is an elected official of a county in the region shall be a county board member; (B) Any member who is an elected official of a municipality in the region shall be a municipal board member; and (C) Any member who is a resident of a county within the region and is elected as a nonpublic board member shall be a nonpublic board member. (4) Notwithstanding the other provisions of this Code section, if the membership of a board of a regional development center is expanded pursuant to paragraph (1) of this subsection, the other provisions of this Code section shall apply except as specified in this subsection, and such other provisions of this Code section shall be construed accordingly. (f) The board shall hold meetings not less than four times in each year, beginning on July 1 and continuing through the next June 30. (g) Each board shall be responsible for employing an executive director for its regional development center, adopting an annual budget and work program for the regional development center, and electing members of an executive committee. (h) (1) Each board shall annually elect a 15 member executive committee which shall have all the power and authority and all the duties, responsibilities, and functions of the full board and which may take any action which the full board can take, except that the executive committee shall not employ an executive director for its regional development center, adopt the annual budget and work program for the regional development center, or elect members of the executive committee. Without limiting the generality of the foregoing, the executive committee shall develop a proposed

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annual budget and work program which shall be submitted to the board for adoption. (2) The executive committee members shall include at least one board member from each county in the region and shall be determined as follows: (A) The county board member representing the county with the largest population in the region shall be a member of the executive committee; (B) The municipal board member representing the municipality in the region with the largest population shall be a member of the executive committee; (C) Four county board members shall be elected by the county board members, in caucus, to be members of the executive committee; (D) Four municipal board members shall be elected by the municipal board members, in caucus, to be members of the executive committee; (E) Five nonpublic board members shall be elected by the nonpublic board members, in caucus, to be members of the executive committee. (i) The executive committee shall elect officers of the board, who shall also serve, in the same capacities, as officers of the executive committee. The executive committee shall elect a chairman, vice chairman, and secretary from among the members of the executive committee. The executive committee shall elect officers annually at the meeting designated for that purpose in bylaws of the center. (j) Each member of an executive committee may upon board approval receive a per diem expense allowance not to exceed the amount received by members of the General Assembly for each day an executive committee member is in attendance at a meeting of the executive committee, 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

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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. (k) For purposes of determining the municipality in a region with the largest population and the county in a region with the largest population, population shall be based upon the most recent estimate of population approved by the department for purposes of calculating membership dues in regional development centers, and the population of any county shall, for these purposes, include all of the residents of municipalities within the county and exclude all of the residents of any municipality within any other county where a municipality lies within more than one county. 50-8-35. (a) Each regional development center shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each center may exercise the following power and authority: (1) Each center may adopt bylaws and make rules and regulations for the conduct of its affairs; (2) Each center may make and enter into all contracts necessary or incidental to the performance of its duties and functions. Neither a center, nor any nonprofit corporation established or controlled by that center, may enter into any contract obligating that center or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that center's region, except that one center, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that center's boundaries, may contract with another center to provide services for the benefit of one or both centers; (3) Each center may acquire and dispose of real and personal property; (4) Each center may utilize the services of the Department of Administrative Services;

Page 1359

(5) Each center may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development; (6) Each center may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public; (7) Each center may participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the coordination and implementation of research and development activities; (8) Each center may cooperate with all units of local government and planning and development agencies within the center's region and coordinate area planning and development activities with those of the state and of the units of local government within the center's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the center's region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the center's region; (9) Each center may carry out such other programs as its board or the department shall require from time to time; (10) Each center may, when appropriate, administer funds involving more than one political subdivision; (11) Each center may, upon the signed resolution of its board and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the

Page 1360

management, administration, or operation of human service programs by such regional development center; but, in the conduct of any such human service programs, a center shall not engage in the direct delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local government, for the delivery of such goods or services by and in the name of such entities; and (12) Each center may provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits. (b) Each center shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional personnel of each regional development center shall be established by the board of the regional development center and the Board of Community Affairs. (c) Each center shall undertake and carry out such planning and technical assistance activities as its board or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the center's region and for municipalities and counties within the center's region and such planning and technical assistance activities as its board or the department may deem necessary for coordinated and comprehensive planning within the center's region. Such planning and technical assistance activities may include, but shall not be limited to, the following:

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(1) A center may coordinate and assist local governments in preparing local plans for submission to the center; (2) A center may provide technical planning assistance to local governments; (3) A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose; (4) A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the center shall have received the department's approval of any additional elements to be included in such comprehensive plans; (5) A center may establish goals and objectives, consistent with those established by the Governor's Development Council or by the department, for its region; and (6) Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the region. The regional plan may be prepared but shall not be adopted by the board until after a proposed regional plan has been made public and after the board has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish. (d) Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly. (e) A center shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a center may administer programs within the state upon the request of local governments and may administer federal or state government programs upon designation by the

Page 1362

federal or state government. Each center shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A center may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs. 50-8-36. (a) For the purposes of paragraph (11) of subsection (a) of Code Section 50-8-35, the term `human service programs' means any activity authorized by law to be undertaken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the foregoing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens of the young, the indigent, the aged, the handicapped, the unemployed, or the ill. (b) As used in this subsection, `governmental services' means those services provided by local units of government of this state. No authority granted to regional development centers by Code Section 50-8-35 shall be construed to authorize a regional development center to manage, administer, or operate any program involving the direct delivery of governmental services to consumers or to administer contracts for the delivery of governmental services to consumers, except that: (1) The authority of regional development centers with respect to human service programs, as defined by subsection (a) of this Code section, shall be governed and controlled by paragraph (11) of subsection (a) of Code Section 50-8-35; (2) The department may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time; and (3) Regional development centers shall be authorized to provide technical assistance to units of local government in areas of governmental services.

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(c) When a regional development center administers a contract for the purposes of paragraph (11) of subsection (a) of Code Section 50-8-35, no employee of the regional development center who is compensated for his services by the center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the regional development center. 50-8-37. (a) Each local plan shall be submitted for review, comment, and recommendation to the appropriate regional development center and shall become effective in accordance with this Code section. Each municipality and county within a region shall submit its local plan to the regional development center for that region for review, comment, and recommendation by the regional development center. The center shall maintain all local plans which it receives in this manner in files available for inspection by the public. (b) Within ten days after receipt of a local plan, the center shall notify each municipality or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submitting municipality or county shall be notified by the center in the same manner. (c) Within 15 days after the center gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional development center may present, to the regional development center, its views on the local plan in a public meeting or hearing which shall be held in accordance with rules established by the center with prior approval of the department. (d) The center shall determine whether the adoption or implementation of the local plan would present any conflict. The center may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The center's determination shall be writing, shall be made public, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing.

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(e) The municipality or county which submitted the local plan may request reconsideration of any recommendation by a center within ten days after the center's recommendation is made public. For purpose of such reconsideration, the center shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the center to all members of the regional development center, in accordance with such procedures as the regional development center may establish, subject to the prior approval of the department. The regional development center shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies. (f) Within ten days after the public hearing, the center shall either continue its recommendations or modify the recommendations. In either case, the center shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan. (g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the center for review, comment, and recommendation, except that any request for reconsideration of any recommendation by a center pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days. (h) Nothing in this Code section shall limit or compromise the right of the governing authority of a county or municipality to exercise the power of zoning. 50-8-38. A center shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the center for its review. The comments of the center shall then become a part of the application, to be appended

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thereto when finally submitted for the consideration of the United States, the state, or any agency thereof. 50-8-39. A center shall keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year during which a center functions. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department shall conduct a performance audit of each regional development center at least once every three years. 50-8-40. When federal or state law or regulations require the designation of an area-wide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement. 50-8-41. Each area planning and development commission in existence as of June 30, 1989, shall automatically be succeeded by the regional development center for the same region as of July 1, 1989, and each such regional development center shall be governed, from and after July 1, 1989, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such area planning and development commissions shall automatically become duties, obligations, rights, and benefits of their respective successor regional development centers. 50-8-42. Any metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, shall also serve as the regional development center for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power

Page 1366

and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and authority granted regional development centers by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional development centers, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commission, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article. 50-8-43. The governing authorities of the local governmental entities within each regional development center may appropriate or loan their funds, facilities, equipment, and supplies to the regional development center. 50-8-44. Each regional development center exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each regional development center is exclusively for public benefit and its property is public property. Thus, no regional development center shall be required to pay any state or local ad valorem, sales, use, or income taxes. 50-8-45. (a) The following provisions apply to all regional development centers. The Department of Administrative Services is authorized to permit regional development centers, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for regional development centers for motor vehicles, material, equipment, services, and supplies. (b) The regional development centers of this state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services.

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(c) The regional development centers of this state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Administrative Services. (d) The regional development centers of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state. (e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of motor vehicles, material, equipment, services, and supplies for the regional development centers of this state. 50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning. Part 4 Section 4.1 . Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, is amended by adding a new Chapter 70 to read as follows: CHAPTER 70 36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environment, and the vital areas of the state. The purpose of this chapter is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chapter shall be construed liberally to achieve that end. This chapter is enacted pursuant to the authority granted the General Assembly in the

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Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV. 36-70-2. As used in this chapter, the term: (1) `Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department. (2) `Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and participation in the coordinated and comprehensive planning process, as established by the Department of Community Affairs. (3) `County' means any county of this state. (4) `Department of Community Affairs' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50. (5) `Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (6) `Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Department of Community Affairs in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Department of Community Affairs.

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(7) `Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (8) `Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the Department of Community Affairs. (9) `Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50. 36-70-3. The governing bodies of municipalities and counties are authorized: (1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan; (2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be; (3) To develop, establish, and implement a plan for capital improvements which conforms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be; (4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, establishing, and implementing its comprehensive plan; (5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and (6) To take all action necessary or desirable to further the policy of the state for coordinated and comprehensive

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planning, without regard for whether any such action is specifically mentioned in this chapter or is otherwise specifically granted by law. 36-70-4. (a) Each municipality and county shall automatically be a member of the regional development center for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center. (c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the Department of Community Affairs, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. 36-70-5. Nothing in this chapter shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning. Part 5 Section 5.1 . Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the general provisions regarding the Department of Natural Resources, is amended by adding at the end thereof a new Code Section 12-2-8 to read as follows: 12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted

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pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV. (b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2. (c) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed. (d) The minimum standards and procedures referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative susceptibility of ground water to contamination by various land use activities and development densities. (e) The minimum standards and procedures referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and

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activities which involve alteration of wetlands. The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland. Part 6 Section 6.1 . Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to the number and boundaries of soil and water conservation districts, is amended by striking subsection (b) thereof 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 regional development center 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 6.2 . Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations by the commissioner of community affairs with respect to industrialized buildings, is amended by striking paragraph (10) of subsection (d) thereof and inserting in its place a new paragraph (10) to read as follows: (10) One member shall be from a regional development center; and. Section 6.3 . Code Section 12-3-114 of the Official Code of Georgia Annotated, relating to policies guiding the Department of

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Natural Resources in creating and administering the Georgia Scenic Trails System, is amended by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows: (6) Planning and developing the system should be coordinated with the regional development centers and the Department of Community Affairs;. Section 6.4 . Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Metropolitan River Protection Act, is amended by striking paragraphs (4) through (7) of Code Section 12-5-441, relating to definitions of terms, and inserting in their respective places new paragraphs (4) through (7) to read as follows: (4) `Center' means the regional development center created for any county or group of counties included in each such region pursuant to the authority contained in Article 2 of Chapter 8 of Title 50. (5) `Certificate' means a building permit or other written authorization issued under this part and shall include, as a part thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto. (6) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (7) `Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The center shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the center deems competent. Section 6.5 . Said part is further amended by striking paragraph (13) of Code Section 12-5-441, relating to definitions of terms used in the Metropolitan River Protection Act, and inserting in its place a new paragraph (13) to read as follows: (13) `Plan' means the comprehensive plan prepared by the center pursuant to Code Section 12-5-443.

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Section 6.6 . Said part is further amended by striking Code Section 12-5-443, relating to the preparation, adoption, and revision of comprehensive land and water use plans by the commission, and inserting in its place a new Code Section 12-5-443 to read as follows: 12-5-443. The center shall, consistent with the purposes of this part: (1) Prepare, adopt, and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The center may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies; (2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan; (3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer

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and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a center which is also a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and (4) Charge a reasonable fee to each applicant for review of any application for a certificate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the center and of the cost to the center of monitoring and inspection of compliance with such certificates. Section 6.7 . Said part is further amended by striking subsections (a) and (b) of Code Section 12-5-444, relating to prohibited land and water uses, and inserting in their respective places new subsections (a) and (b) to read as follows: (a) (1) Pending adoption of the plan by the center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the water-course or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center, issue a letter or written statement signed by the executive director of the center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance. (2) Pending adoption of the plan by the center as to any land brought within the stream corridor after March 1,

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1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use. (b) (1) After adoption by the center of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445. (2) The governing authority shall, before referring the application to the center pursuant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part. (3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.

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(4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate. Section 6.8 . Said part is further amended by striking Code Section 12-5-445, relating to the transmittal of applications, findings, and supporting documents to the commission for review, and inserting in its place a new Code Section 12-5-445 to read as follows: 12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the center a copy of such complete application and all supporting documents. (b) (1) If, from the application or from its own investigation, the center finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the center may do any one of the following: (A) Recommend modification of the application in such manner as to be consistent with the plan; (B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the center fails to recommend modification of the application within 60 days from submission of such application to the center and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate.

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(c) In any case where the center has recommended modification of an application, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated; (2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority: (A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the center's recommendation, after giving public notice and after mailing notice to the applicant and to the center at least five days prior to the hearing; (B) Gives full consideration to all comments made at the second public hearing; (C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and (D) Reaffirms the vote to override the center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or

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(3) Request reconsideration of such recommendation by the center at a public hearing. If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the center to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved. (d) (1) In making the findings required by subsection (b) or by paragraph (2) of subsection (c) of this Code section, the center, the governing authority, and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended. (2) Any finding by the director under paragraph (2) of subsection (c) of this Code section shall be appealable under Chapter 13 of Title 50, known as the `Georgia Administrative Procedure Act,' as are final decisions in contested cases. Section 6.9 . Said part is further amended by striking Code Section 12-5-447, relating to minimum standards for certificates and recommendations, and inserting in its place a new Code Section 12-5-447 to read as follows: 12-5-447. Every certificate issued by a governing authority and every recommendation of the center, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards:

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(1) No land or water use shall be permitted in the flood plain; and (2) No land or water use shall be permitted within 150 horizontal feet of the watercourse. Section 6.10 . Said part is further amended by striking Code Section 12-5-448, relating to rights of appeal from final determinations and other actions of the commission and governing authorities, and inserting in its place a new Code Section 12-5-448 to read as follows: 12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the center or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the center. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the center shall be final. The appeal shall be heard by the judge of the superior court without a jury. Section 6.11 . Said part is further amended by striking subparagraph (B) of paragraph (4) of Code Section 12-5-451, relating to uses to which the provisions of the Metropolitan River Protection Act are inapplicable, and inserting in its place a new subparagraph (B) of paragraph (4) to read as follows: (B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsection for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the center may reasonably request. If the center determines that the land or water use or land-disturbing activity fails to satisfy the conditions set forth in this subsection, the center shall state the reasons therefor. The center shall be authorized to delegate

Page 1381

this authority to its executive director. If such delegation is made, any person aggrieved by any such determination of the executive director may appeal such determination to the center within 30 days of the issuance of such determination; or. Section 6.12 . Said part is further amended by striking subsection (b) of Code Section 12-5-452, relating to cease and desist orders for violations of provisions of the Metropolitan River Protection Act, and inserting in its place a new subsection (b) to read as follows: (b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, or any certificate issued pursuant to this part shall be a public nuisance; and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the center, any political subdivision affected, the director, or any person. Section 6.13 . Said part is further amended by striking subsections (b) and (c) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins, and inserting in their respective places new subsections (b) and (c) to read as follows: (b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the center shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the center, the governing authority fails to demonstrate, to the satisfaction of the center, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the center shall request the director to assume enforcement of erosion and sediment control regulations in the drainage basin of such tributary. (c) Upon notification by the center of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary or upon a determination by the director, after

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consultation with the center, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the `Erosion and Sedimentation Act of 1975,' for the land within the drainage basin of such tributary. Section 6.14 . Said part is further amended by striking subsection (a) and (b) and the introductory language of subsection (c) of Code Section 12-5-456, relating to notification of local authorities of violations of the Metropolitan River Protection Act, and inserting in their respective places new subsections (a) and (b) and new introductory language in subsection (c) to read as follows: (a) If the center has reason to believe that any person is carrying out any land-disturbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the center shall notify the governing authority of the political subdivision in which such illegal activity is taking place and shall recommend action to correct the situation. A copy of such notice to the governing authority shall be furnished to the director. If the center has determined that the violation requires immediate enforcement action, the notice to the governing authority shall so state. (b) If, after notice from the center, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforcement action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the center shall so advise the director. (c) Upon notice from the center pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise secure cessation of the violation or upon a determination by the director, after consultation with the center, that any person is violating any provision of this part, any rule or regulation adopted pursuant to this part, or the terms and conditions of any

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certificate issued pursuant to this part and that the public interest requires that the state take immediate action, the director shall have the authority to employ any one or any combination of any or all of the following enforcement methods:. Section 6.15 . Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to the acceptance or rejection of an application for a certificate of need, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows: (a) Each application for a certificate of need shall be reviewed by the planning agency and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed.

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Section 6.16 . Said Code section is further amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows: (g) The planning agency shall, no later than 90 days after an application is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board in accordance with this chapter. Section 6.17 . Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended by striking subsection (b) and paragraph (1) of subsection (c) and inserting in their respective places a new subsection (b) and a new paragraph (1) of subsection (c) to read as follows: (b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to municipalities, counties, regional development centers, authorities, state agencies, and public and private mass transportation operators:

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(1) Financial support for research concerning mass transportation, by contract or otherwise; and (2) Project grants to supplement federal, local, or federal and local funds for use: (A) In providing for studies, analyses, and planning and development of programs for mass transportation service and facilities; (B) In providing for research, development, and demonstration projects in all phases of mass transportation; (C) In providing for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and (D) In providing for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation. (1) The governing bodies of municipalities, counties, regional development centers, authorities, state agencies, and public and private mass transportation operators may, by formal resolution, apply to the department for financial support and project grants provided by this Code section. Section 6.18 . Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to registration statements under the Georgia Land Sales Act of 1982, is amended by striking subparagraph (R) of paragraph (3) and inserting in its place a new subparagraph (R) to read as follows: (R) If the state, county, or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the state, county, or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate regional development center;.

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Section 6.19 . Code Section 45-12-172 of the Official Code of Georgia Annotated, relating to the duty of the Office of Planning and Budget to review and comment on proposed development programs and to serve as liaison with levels of government, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows: (1) Reviewing and commenting upon the inter-relationship with state planning of all applications for federal financial assistance by units of local government and local public agencies, regional development centers, and state agencies; and, where appropriate, reviewing and commenting to appropriate federal or state agencies that such proposed programs satisfy the requirements of or are not inconsistent with state law or with state and area forecasts and development programs or other state policies; and . Section 6.20 . Code Section 49-8-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in The Economic Rehabilitation Act of 1975, is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows: (2) `Community action agency' means a public or private nonprofit agency recognized as a community action agency by the Community Services Administration on January 1, 1975, and also designated and recognized by the state or a county or comparable unit of general local government having a population of 100,000 or more persons or by a combination of local governments within any regional development center boundary in this state. Section 6.21 . Code Section 49-8-5 of the Official Code of Georgia Annotated, relating to the distribution of funds under The Economic Rehabilitation Act of 1975, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Moneys appropriated for the purposes of this chapter shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only upon the submission of a proposal prepared by the agency and approved by the local governing authority or combination of authorities within a regional development center.

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Section 6.22 . Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, is amended by striking Code Section 50-8-81, relating to legislative intent, and inserting in its place a new Code Section 50-8-81 to read as follows: 50-8-81. It is in the public interest to create an agency composed of officials of political subdivisions and private citizens to coordinate planning and development within each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census; to designate the agency as the regional development center under Article 2 of this chapter to make the agency the official metropolitan agency for comprehensive research, study, advice, and review concerning area plans; to improve relationships between political subdivisions and public agencies within areas; and to provide policy direction for the solution of common problems through short and long-range comprehensive planning within areas. Section 6.23 . Said article is further amended by striking Code Section 50-8-83, relating to powers, duties, and obligations of a commission, and inserting in its place a new Code Section 50-8-83 to read as follows: 50-8-83. A commission shall be, for its area, a regional development center as defined in and with all the powers, duties, and obligations of a regional development center set forth in Article 2 of this chapter and any other law of general application pertaining to regional development centers on July 1, 1989; and in addition shall have all of the other powers, duties, and obligations set forth in this article. Section 6.24 . Article 5 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to rural economic development, is amended by striking Code Section 50-8-121, relating to the designation of planning and development areas as rural economic development areas, and inserting in its place a new Code Section 50-8-121 to read as follows: 50-8-121. Each regional development center of this state, except the regional development center which is also the metropolitan area planning and development commission provided for

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in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article. Section 6.25 . Said article is further amended by striking subsections (a) and (c) of Code Section 50-8-122, relating to studies for proposed projects, and inserting in their respective places new subsections (a) and (c) to read as follows: (a) The regional development center of each rural economic development area provided for in Code Section 50-8-121 may conduct a study for proposed major economic development projects within its respective rural economic development area. The study shall utilize the most recent economic information available. (c) Funds for studies provided for in this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. The department, in consultation with state agencies, local governments, regional development centers, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guidelines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs. Section 6.26 . Said article is further amended by striking subsections (a) and (b) of Code Section 50-8-123, relating to the recommendation, approval, funding, and implementation of projects, and inserting in its place new subsections (a) and (b) to read as follows: (a) Each rural economic development area may submit to the Department of Community Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consultation with state agencies, local governments, regional development centers, local development organizations, and others. Such criteria shall be approved by the Board of Community Affairs.

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(b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects approved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, regional development centers, local governments, local development organizations, and other agencies or organizations receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article. Section 6.27 . Code Section 50-8-190 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Mapping and Land Records Modernization Advisory Board, is amended by striking subparagraph (c)(1)(H) and inserting in its place a new subparagraph (c)(1)(H) to read as follows: (H) The Regional Development Centers;. Section 6.28 . Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Mapping and Land Records Modernization Advisory Board, is amended by striking paragraphs (2), (3), and (6) and inserting in their respective places new paragraphs (2), (3), and (6) to read as follows: (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 a regional development center. 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, regional development centers, the private sector, and various agencies of state government; (6) To contract with state agencies, federal agencies, local governments, regional development centers, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work.

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Section 6.29 . Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definitions of terms, is amended by striking paragraph (1) and inserting in its place 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 regional development centers 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 6.30 . Code Section 50-20-4 of the Official Code of Georgia Annotated, relating to the prohibition against a nonprofit contractor receiving state funds under certain circumstances, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to regional educational service agencies under Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to regional development centers. Part 7

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Section 7.1 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. REVENUE AND TAXATIONNOTICES OF FORECLOSURE OF THE RIGHT TO REDEEM PROPERTY SOLD FOR TAXES; PIPENING OF TAX DEED TITLES BY PRESCRIPTION. Code Sections 48-4-45, 48-4-46, and 48-4-48 Amended. No. 635 (House Bill No. 123). AN ACT To amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by striking Code Section 48-4-45, relating to notice of foreclosure of right to redeem, and inserting in its place a new Code section to read as follows: 48-4-45. (a) After 12 months from the date of a tax sale, the purchaser at the sale or his heirs, successors, or assigns may terminate, foreclose, divest, and forever bar the right to redeem the property from the sale by causing a notice or notices of the foreclosure, as provided for in this article:

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(1) To be served upon all of the following persons who reside in the county in which the property is located: (A) The defendant in the execution under or by virtue of which the sale was held; (B) The occupant, if any, of the property; and (C) All persons having of record in the county in which the land is located any right, title, or interest in, or lien upon the property; (2) To be sent by registered or certified mail to each of the persons specified in subparagraphs (A), (B), and (C) of paragraph (1) of this subsection who resides outside the county in which the property is located, if the address of that person is reasonably ascertainable; and (3) To be published, if that tax sale occurs on or after July 1, 1989, in the newspaper in which the sheriff's advertisements for the county are published in each county in which that property is located, which publication shall occur once a week for four consecutive weeks in the six-month period immediately prior to the week of the redemption deadline date specified in the notice. (b) Nothing contained in this Code section shall be construed to require that any notice be sent to or served upon any person whose right, title, interest in, or lien upon the property does not appear of record in the county in which the land is located. (c) The heirs of any deceased owner of any land entitled to notice pursuant to this Code section shall be served by the sheriff or notified as provided in this article. Section 2 . Said article is further amended by striking subsection (c) of Code Section 48-4-46, relating to form of notice of foreclosure of right to redeem, and inserting in its place a new subsection to read as follows: (c) If the sheriff personally or by deputy makes an entry that he is unable for any reason to effect service upon any person

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required to be served, the person who requested that the service be made shall forthwith cause a copy of the notice to be published once a week for two consecutive weeks in the newspaper in which the sheriff's advertisements for the county are published, unless that notice is being published as provided in paragraph (3) of subsection (a) of Code Section 48-4-45. Either publication shall operate as and for all purposes shall be treated as service upon all persons as to whom the sheriff has made an entry that he has been unable to effect service. Section 3 . Said article is further amended by striking Code Section 48-4-48, which reads as follows: 48-4-48. Nothing contained in this chapter shall prevent a title under a tax deed from ripening by prescription after a period of seven years from the date of the execution of the tax deed. Any tax deed properly executed at a valid and legal sale held by the state or any subdivision of the state including, but not limited to, counties and municipalities, when the defendant in fi. fa. is suijuris, shall convey after the expiration of seven years from the date of the tax deed a fee simple title; and title to the property described in the tax deed shall vest absolutely in the grantee in the deed or in his heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term of seven years shall begin from the time the disabilities are removed or abated., and inserting in its place a new Code section to read as follows: 48-4-48. (a) A title under a tax deed properly executed at a valid and legal sale prior to July 1, 1989, shall ripen by prescription after a period of seven years from the date of execution of that deed. (b) A title under a tax deed executed on or after July 1, 1989, shall ripen by prescription after a period of four years from the date of execution of that deed. (c) A tax deed which has ripened by prescription pursuant to any provision of this Code section shall convey, when the defendant in fi. fa. is not laboring under any legal disability, a fee simple title to the property described in that deed, and that title shall vest absolutely in the grantee in the deed or in the grantee's

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heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term specified in this Code section shall begin from the time the disabilities are removed or abated. (d) Notice of foreclosure of the right to redeem property sold at a tax sale shall not be required to have been provided in order for the title to such property to have ripened under subsection (a) or (b) of this Code section. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. EDUCATIONUPBRAIDING, INSULTING, OR ABUSING PUBLIC SCHOOL TEACHERS, ADMINISTRATORS, OR SCHOOL BUS DRIVERS; ELECTRONIC COMMUNICATION DEVICES. Code Sections 20-2-1182 and 20-2-1183 Enacted. No. 636 (House Bill No. 166). AN ACT To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to prohibit the upbraiding, insulting, or abusing of any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or school bus; to prohibit pupils from disrupting classes by carrying electronic communication devices while in school; to provide for exceptions; to provide penalties; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding at the end thereof a new Code Section 20-2-1182 to read as follows: 20-2-1182. Any parent, guardian, or person other than a student at the public school in question who has been advised that minor children are present and who continues to upbraid, insult, or abuse any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or public school bus may be ordered by any of the above-designated school personnel to leave the school premises or school bus, and upon failure to do so such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00. Section 2 . Said article is further amended by adding at the end thereof a new Code Section 20-2-1183 to read as follows: 20-2-1183. (a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education. (b) Any student found in violation of the provisions of this Code section shall be subject to in-school suspension. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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INSURANCEMOTOR VEHICLE SALVAGE CERTIFICATES OF TITLE; DISCLOSURES TO INSUREDS; NONORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET CRASH PARTS. Code Section 33-6-5 Amended. No. 637 (House Bill No. 201). AN ACT To amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to change the time period for insurers to apply for a salvage certificate of title; to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, is amended by striking paragraphs (11) and (12) of Code Section 33-6-5, relating to unfair methods of competition and unfair or deceptive acts in the transaction of insurance, and inserting new paragraphs (11), (12), and (13) to read as follows: (11) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 30 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title; (12) No insurer shall cancel an entire line or class of business unless the insurer demonstrates to the satisfaction of the Commissioner that continuation of such business would violate the provisions of this title or would be hazardous to its policy-holders or the public; and

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(13) (A) As used in this paragraph, the term: (i) `Aftermarket crash part' means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels. (ii) `Insurer' includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority. (iii) `Nonoriginal equipment manufacturer aftermarket crash part' means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his supplier. (iv) `Repair facility' means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. (B) Any aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1990, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number, or name shall be visible after installation whenever practicable. (C) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs the written estimate prepared by the insurance adjuster and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than ten-point type: `THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE

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WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. REDEVELOPMENT POWERS LAWTAXABLE VALUE REDEFINED. Code Section 36-44-3 Amended. No. 638 (House Bill No. 247). AN ACT To amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Redevelopment Powers Law, so as to change the definition of taxable value; 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 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Redevelopment Powers Law, is amended by striking paragraph (17) and inserting in lieu thereof a new paragraph (17) to read as follows: (17) `Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located.

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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 18, 1989. MOTOR VEHICLES AND TRAFFICMOTORCYCLE RIDERS; HEADSETS; HEADPHONES. Code Section 40-6-250 Amended. No. 639 (House Bill No. 280). AN ACT To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, is amended by striking in its entirety Code Section 40-6-250, relating to the operation of motor vehicles while wearing devices which impair hearing or vision, and inserting in lieu thereof a new Code Section 40-6-250 to read as follows: 40-6-250. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a

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motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operating a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer equipped with any communications device necessary in the performance of his duties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. REVENUE AND TAXATIONNOTICES OF ASSESSMENTS OR PROPOSED ASSESSMENTS; SERVICE. Code Section 48-2-45 Amended. No. 640 (House Bill No. 481). AN ACT To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the Georgia Public Revenue Code, so as to provide for service of notices of assessments and notices of proposed assessments by first-class mail to the address shown on the records of the department; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the

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Georgia Public Revenue Code, is amended by striking Code Section 48-2-45, relating to service of notices of assessments and proposed assessments, and inserting in its place a new Code section to read as follows: 48-2-45. (a) (1) In all cases in which the commissioner is required by law to provide an opportunity for protest, the assessment of a tax or license fee shall become final if no written protest is filed by the taxpayer with the commissioner within 30 days of the date of the notice of assessment. (2) For the purposes of this subsection, the notice shall be deemed to have been given if written notice is sent by registered or certified or first-class mail and addressed to the taxpayer at his last known address, as shown on the records of the department. (b) A notice of assessment by the commissioner or his delegate of any tax or license fee shall be sufficiently served upon the person assessed if it is sent by registered or certified or first-class mail to the person at his address as shown on the records of the department. (c) If no return receipt is on file or if notice is returned through the mail, the notice shall be by personal service; except that, if the notice mailed by registered, certified, or first-class mail, as provided in this Code section, is returned through the mail as `refused' or `unclaimed,' the notice shall be sufficiently served. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to notices mailed after January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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REVENUE AND TAXATIONINTERNAL REVENUE CODE DEFINED AND INCORPORATED INTO GEORGIA LAW; INCOME TAXES. Code Section 48-1-2 Amended. No. 641 (House Bill No. 483). 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 for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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, 1989. 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, 1989, 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such

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approval and shall apply to taxable years beginning on or after January 1, 1989. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1989, 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. MOTOR VEHICLE LICENSE PLATESBONDS OF PRIVATE PERSONS PROCESSING APPLICATIONS. Code Section 40-2-24 Amended. No. 642 (House Bill No. 582). AN ACT To amend Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, so as to change certain requirements regarding the performance bond required of persons processing license applications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(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 either the payee, taxpayer, or the tax commissioner of the county in which such person processes such applications. Such bond shall be posted prior to the beginning of business 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 18, 1989. MOTOR VEHICLE EMISSIONS INSPECTIONSREPLACEMENT OF STICKER WHEN WINDSHIELD IS REPLACED. Code Section 40-8-158 Amended. No. 643 (Senate Bill No. 27). AN ACT To amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emission inspection sticker

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when a windshield is replaced on a motor vehicle; to provide that the owner of the vehicle shall execute an affidavit in a form furnished by the commissioner of public safety stating that the windshield has been replaced; to provide that the new emission inspection sticker shall be valid only for the remainder of the period for which the replaced sticker was to be valid; 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 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, is amended by adding a new subsection (i) after subsection (h) to read as follows: (i) In the event a windshield shall be replaced upon any vehicle which contains a valid emission inspection sticker, a new emission inspection sticker may be issued for such vehicle within 15 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle shall execute an affidavit in a form furnished by the commissioner stating that the windshield of his vehicle has been replaced and giving such other information as the commissioner shall require and shall pay to the inspection station a fee of 50. The new emission inspection sticker shall be valid only for the remainder of the period for which the replaced emission inspection sticker was to be valid. The vehicle may be operated on the highways without an emission inspection sticker for 15 days after the replacement of the windshield if proof of the date of such replacement is carried in the vehicle. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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GAME AND FISHSALT-WATER FINFISH; SEASONS; CREEL AND SIZE LIMITS. Code Section 27-4-130.1 Enacted. No. 644 (Senate Bill No. 105). AN ACT To amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; 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 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, is amended by adding a new Code section immediately following Code Section 27-4-130, to be designated Code Section 27-4-130.1, to read as follows: 27-4-130.1. (a) After October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time during the periods set forth below: Species Closed Season (1) Spanish mackerel December 1March 15 (2) King mackerel No closed season (3) Cobia December 1March 15 (4) Red snapper No closed season (5) Gag grouper No closed season (6) Amberjack January 1March 15 (7) Black sea bass No closed season (8) Bluefish December 1March 15 (9) Sheepshead No closed season (10) Sailfish No closed season (11) Blue marlin No closed season (12) White marlin No closed season (13) Tarpon December 1March 15 (14) Atlantic sturgeon July 1December 31 (15) Spotted sea trout No closed season (16) Red drum No closed season (17) Dolphin No closed season (b) The board shall establish open seasons and creel limits within the maximums specified in this subsection and shall establish minimum sizes within the range specified in this subsection; and after October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time except during the open seasons so established for such species and in accordance with the creel limits and minimum sizes so established for such species: Species Maximum Open Season Maximum Daily Creel Limit Range of Minimum Sizes (1) Spanish mackerel Mar. 16Nov. 30 40 1018 inches (2) King mackerel All year 15 1535 inches (3) Cobia Mar. 16Nov. 30 10 2040 inches (4) Red snapper All year 20 1220 inches (5) Gag grouper All year 20 1220 inches (6) Amberjack Mar. 16Dec. 31 10 2050 inches (7) Black sea bass All year No limit 815 inches (8) Bluefish Mar. 16Nov. 30 25 1220 inches (9) Sheepshead All year 50 816 inches (10) Sailfish All year 5 5080 inches * * lower jaw-fork length (11) Blue marlin All year 5 7590 inches * (12) White marlin All year 5 5580 inches * (13) Tarpon Mar. 16Nov. 30 5 2040 inches (14) Atlantic sturgeon Jan. 1June 30 5 2486 inches (15) Spotted sea trout All year 25 12 inches (16) Red drum All year 25 14 inches (17) Dolphin All year 15 1224 inches (c) In accordance with current sound principles of wildlife research and management and the factors thereof set out in subsection (a) of Code Section 27-4-130, the board is authorized to promulgate rules and regulations establishing open seasons, creel limits, and minimum size limits on a state-wide, regional, or local basis as provided in subsection (b) of this Code section. (d) In accordance with current sound principles of wildlife research and management and the factors thereof set out in subsection (a) of Code Section 27-4-130, the board is authorized to promulgate rules and regulations to prohibit the sale of any or all of the salt-water finfishes from subsection (b) of this Code section. (e) Nothing in this Code section shall prohibit those individuals fishing with a valid commercial federal permit in federal waters from exceeding the creel limit, provided, that the waters are open for commercial fishing with specified gear and said individual complies with the minimum sizes as set by the board and provided, further, that the board has not prohibited the sale of the species. If deemed necessary by the board, a trawl fishery bycatch of below minimum-sized fish of certain species may be allowed. 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 18, 1989.

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AUCTIONEERSQUALIFICATIONS; BONDS; INSURANCE COMPANIES OR FINANCIAL INSTITUTIONS; REVOCATION OR SUSPENSION OF LICENSES; ESCROW OR TRUST ACCOUNTS; PUBLIC AUTHORITY OR GOVERNMENT AUCTIONS. Code Title 43, Chapter 6 Amended. No. 645 (Senate Bill No. 198). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require applicants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission and conditioned on the applicant's conducting business in accordance with certain laws; to provide that a company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to certain requirements of Code Section 43-6-18; to repeal certain provisions relating to surety bonds; to change certain provisions relating to grounds for revocation or suspension of licenses and censure of licenses; to provide that certain provisions relating to an escrow or trust account shall not apply to certain apprentice auctioneers; to change certain provisions relating to exceptions with respect to sales at auction conducted by or under the direction of any public authority or state or governmental agency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by striking in its entirety Code Section 43-6-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-6-1 to read as follows: 43-6-1. As used in this chapter, the term:

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(1) `Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter or any person who is not employed by an auctioneer and who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter. (2) `Auction business' or `business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction. (3) `Auctioneer' means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale by or at public auction and has been duly licensed, as provided in this chapter. (4) `Commission' means the Georgia Auctioneers Commission. (5) `Company' means an association, partnership, corporation, or sole proprietorship and shall also include the officers, directors, and employees of such entities. (6) `Goods' means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale. (7) `Person or persons' means an individual.

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Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-6-11, relating to qualifications of applicants generally, and inserting in lieu thereof a new Code Section 43-6-11 to read as follows: 43-6-11. (a) No auctioneer's or apprentice auctioneer's license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. (b) Each applicant for an auctioneer's or apprentice auctioneer's license shall be required to pass an examination in a form prescribed by the commission. (c) Each applicant for licensure as an auctioneer or apprentice auctioneer must prove to the commission that he is reputable, trustworthy, honest, and competent to transact the business of an auctioneer or of an apprentice auctioneer in such a manner as to safeguard the interest of the public. (d) Each applicant for licensure as an apprentice auctioneer shall submit a bond in the amount of $5,000.00. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the commission and conditioned on the applicant's conducting business in accordance with this chapter. The bond shall be in a form approved by the commission. (e) Each applicant for licensure as an auctioneer shall: (1) Submit a bond in the amount of $20,000.00. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the commission and conditioned on the applicant's conducting business in accordance with this chapter. The bond shall be in a form approved by the commission; and (2) (A) Have served as an apprentice auctioneer for at least 12 months under the supervision of a licensed

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auctioneer in this state and have served as the principal auctioneer in ten or more auctions, where gross sales were not less than $2,000.00 per auction, during the period he was an apprentice auctioneer; or (B) Have successfully graduated from an auctioneers school approved by the commission and have served as an apprentice auctioneer for at least six months under the supervision of a licensed auctioneer in this state. (f) No apprentice auctioneer may use an auction where gross sales did not exceed $2,000.00 for the purpose of qualifying for licensure as an auctioneer under subparagraph (e)(2)(A) of this Code section. Section 3 . Said chapter is further amended by adding at the end of Code Section 43-6-11.1, relating to application for license of company, a new subsection (c) to read as follows: (c) A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-6-15, relating to surety bonds, which reads as follows: 43-6-15. Each application for an auctioneer's or apprentice auctioneer's license shall be accompanied by a bond in the amount of $5,000.00. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the commission and conditioned on the applicant's conducting his business in accordance with this chapter. The bond shall be in a form approved by the commission. No license may be issued until such a bond has been filed with the commission., and inserting in lieu thereof the following:

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43-6-15. Reserved. Section 5 . Said chapter is further amended by striking in its entirety paragraph (3) of Code Section 43-6-18, relating to grounds for revocation or suspension of licenses and censure of licensees, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into his possession, commingling funds of others with his own, or failing to keep such funds of others in an escrow or trustee account; provided, however, that the requirement of an escrow or trust account shall not apply to an apprentice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction;. Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-6-24, relating to exceptions to the operation of said chapter, and inserting in lieu thereof a new Code Section 43-6-24 to read as follows: 43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor, or any such person acting under order of any court, nor to attorneys at law licensed by this state; nor shall this chapter apply to a trustee acting under a trust agreement, deed of trust, or will; nor shall this chapter apply to sales at auction conducted by or under the direction of any public authority or state or governmental agency, or pursuant to any judicial order or decree, provided that such auction is conducted by an officer or employee of said public authority or state or governmental agency. This chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. This chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real, provided that such property is the personal or real property of said person and has not been purchased with the intent of auctioning for a profit. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. LIVESTOCKRENDERING AND DISPOSAL PLANTS AND COLLECTION CENTERS; LICENSING AND INSPECTION. Code Title 4, Chapter 4, Article 1, Part 3 Revised. No. 646 (Senate Bill No. 225). AN ACT To amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements; to provide for collection centers and requirements related thereto; to provide for inspections and maintenance of records; to provide for rules and regulations; to prohibit certain conduct; to provide for penalties; 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 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, is amended by striking Part 3, relating to rendering and disposal plants, and inserting in lieu thereof a new Part 3 to read as follows:

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Part 3 4-4-40. As used in this part, the term: (1) `Carcasses of domestic animals' means all or any part or portions of any dead domestic animal not slaughtered for human consumption. (2) `Collection center' means any approved facility where carcasses of domestic animals from state or federally licensed facilities are collected for loading into approved vehicles for delivery to a rendering plant. (3) `Rendering plant' means a place of business or location or plant where the carcasses of domestic animals or packing house refuse or other refuse is purchased, received, or unloaded and where such carcasses or refuse is processed for the purpose of obtaining the hide, skin, grease, residue, or any other by-product from such animals or refuse in any way whatsoever. 4-4-41. It shall be unlawful for any person, firm, partnership, or corporation to engage in the business of operating a rendering plant without first applying for and obtaining a license from the Commissioner of Agriculture. Each license shall expire on December 31 of each year, and each application for a license must be accompanied by a license fee of $5.00. 4-4-42. Every licensed rendering plant which violates the laws of this state or the rules and regulations promulgated by the Commissioner pursuant thereto shall have its license revoked, canceled, or suspended upon a notice and hearing. 4-4-43. (a) It shall be unlawful for any person, firm, partnership, or corporation to operate a rendering plant unless the rendering plant: (1) Is constructed according to blueprints approved by the Georgia Department of Agriculture; provided, however, that neither blueprints for nor alterations to facilities existing on July 1, 1989, shall be required except to the extent that alterations are necessary for compliance with the other provisions of this part, and to the extent that alterations are

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necessary for such compliance they shall be made not later than July 1, 1990; (2) Has walls, floors, and ceilings of concrete or other impervious materials; (3) Has ample hot water (140 degrees Fahrenheit) to facilitate cleaning of the building, equipment, and vehicles used to move products; (4) Has adequate drainage constructed and maintained so that no liquid or other matter is permitted to escape therefrom unless into a sewage facility approved by the governmental authority having proper jurisdiction. The document showing approval of such sewage facility must be maintained at the plant for inspection review; and (5) Is cleaned and sanitized daily to prevent odor and the accumulation of refuse. (b) It shall be unlawful for any person, firm, partnership, or corporation to operate a rendering plant unless all vehicles used in the transportation of carcasses or refuse on public highways are of such construction as to prevent seepage or residue from escaping. (c) Carcasses or refuse shall not be allowed to accumulate or be held for any period of time at any place other than a licensed slaughtering, processing, or rendering plant, or any combination thereof. Such licensed facilities shall have a procedure approved by the department if they accumulate or hold carcasses or refuse for longer than one day's operation. (d) Rodent and vermin control shall be diligently practiced with buildings and surrounding grounds kept clean and free of refuse, trash, and manure. (e) All barrels used for transportation and storage of carcasses or refuse shall be clearly marked `INEDIBLE' with letters not less than two inches in height. 4-4-44. (a) It shall be unlawful for any person, firm, partnership, or corporation to operate a collection center until it

Page 1417

has applied for and obtained a written permit from the Commissioner to carry on such an operation. (b) A collection center shall be located on a site in compliance with local zoning ordinances and shall have a sewage facility approved by the governmental authority having proper jurisdiction. (c) A collection center shall be covered by a metal roof or other permanent type covering with sufficient screened ventilators to allow air flow yet prevent the entry of rodents, birds, and insects. (d) A collection center shall have adequate drains in an impervious floor with adequate hot water (140 degrees Fahrenheit) to clean thoroughly the collection center premises. (e) A collection center shall be cleaned and sanitized daily. (f) The management of a collection center shall agree to hold inedible materials no longer than 24 hours. (g) With respect to any requirements of subsections (a) through (d) of this Code section which relate solely to the physical construction or alteration of a collection center, the collection center operator shall have until July 1, 1990, to comply with such requirements. 4-4-45. Every rendering plant shall be subject at all times to inspection by the Commissioner. Each such rendering plant shall keep and furnish the Commissioner such information as he may by rule or regulation require concerning the collection, transportation, distribution, and processing of the carcasses of dead domestic animals or packing house refuse and, further, shall keep and maintain sanitary at all times its vehicles used in the collection, transportation, and distribution of dead domestic animals and packing house refuse. 4-4-46. Any person affected by this part or by any rule or regulation adopted pursuant to this part shall have and shall be required to exhaust the administrative remedies provided by Code Section 4-6-8.

Page 1418

4-4-47. The Governor is authorized to make available to the department the funds necessary to provide an inspection system for those slaughtering establishments in this state which are unable to qualify for federal inspection. The department is authorized to adopt appropriate grading standards to be used in the inspection of such establishments so as to indicate on each carcass inspected the grade and quality thereof. 4-4-48. Any person, firm, partnership, or corporation which violates any provision of this part or any rule or regulation made pursuant to this part shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. MUNICIPAL CORPORATIONSCONVEYANCE OF PROPERTY WITHOUT BIDS. Code Section 36-37-6 Amended. No. 647 (Senate Bill No. 245). AN ACT To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for additional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1419

Section 1 . Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, is amended by adding at the end thereof a new subsection, to be designated subsection (g) to read as follows: (g) Notwithstanding any provision of this Code section or of any other law or ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids; provided, however, that each abutting property owner shall be notified of the availability of the property and shall have the opportunity to purchase said property under such terms and conditions as set out by ordinance. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACTREVISION; GEORGIA AGRICULTURAL COMMODITIES COMMISSION FOR PEANUTS. Code Title 2, Chapter 8 Revised. No. 648 (Senate Bill No. 276). AN ACT To amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Agricultural Commodities Promotion Act, so as to revise such Act; to provide for a short title; to provide for purpose and intent; to provide for the creation, membership, powers, and duties of agricultural commodity commissions; to provide for separate provisions relating to the Agricultural Commodity Commission for Peanuts; to provide for definitions; to provide for the qualifications, election or appointment, terms, vacancies, compensation, and expenses of members; to provide for marketing orders; to provide for rules, regulations, and orders; to provide for balloting; to provide for advisory boards, special committees, and the appointment of personnel; to provide that the Attorney General shall represent the commissions; to provide for outside legal counsel; to provide for donations, gifts, and other property; to provide for officers and bonds; to provide for quorums; to provide for oaths; to provide for commissions; to provide for funds; to provide for the liability and limitations thereon of the commissions and members and employees thereof; to provide for cooperation with state, federal, and local authorities; to provide for the issuance of marketing orders; to provide for notices, public hearings, records, reports, lists, use of information, practices, and procedures; to provide for confidentiality of certain information; to provide for the recommendation of marketing orders and amendments; to provide for authorized provisions; to provide for approval by producers and the procedures connected therewith; to provide for seasonal marketing regulations; to provide for expiration and extensions; to provide for referendums; to provide for area marketing orders; to provide for applicability of marketing orders; to provide for assessments to defray expenses; to provide for borrowing of funds; to provide for use and repayment of contributions; to provide for collection and enforcement of assessments; to provide for disposition and investment of proceeds; to provide for audits; to provide for civil actions; to provide for penalties; to provide

Page 1421

for books and records; to provide for hearings, subpoenas, and other matters related to practice and procedure; to provide for the use of grade or quality designations and to prohibit such uses under certain circumstances; to provide for inspections; to provide for holding, seizing, disposing, or destruction of commodities; to provide for notices; to provide for correction of deficiencies; to provide for show cause orders; to provide for civil penalties; to provide for injunctions; to provide for investigations; to prohibit certain conduct; to provide for criminal penalties; to provide for exceptions; to provide for the preservation, disposition, and continuation of certain commissions, funds, marketing orders, rules, and regulations; to provide for the powers, duties, and responsibilities of the Commissioner of Agriculture; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking Chapter 8, known as the Georgia Agricultural Commodities Promotion Act, and inserting in lieu thereof a new Chapter 8 to read as follows: CHAPTER 8 ARTICLE 1 2-8-1. This chapter may be cited as the `Georgia Agricultural Commodities Promotion Act.' 2-8-2. It is the intent and purpose of this chapter to implement Article VII, Section III, Paragraph II(b) of the Constitution of Georgia, providing for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of agricultural products. The provisions of this chapter which provide for the financing of the cost of programs authorized under this chapter are expressly found, determined, and declared to be an exercise of the authority vested in the General Assembly by this provision of the Constitution. It is the purpose of this chapter to promote agricultural products and commodities, provide education related to such agricultural products and commodities, and promote research concerning such agricultural products and commodities.

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ARTICLE 2 2-8-10. This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13. 2-8-11. As used in this article, the term: (1) `Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of agricultural commodities to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any commodity or commodities included in any marketing order made effective pursuant to this article. (2) `Agricultural commodity' means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state. For the purpose of this article, the term `agricultural commodity' shall not mean or include peanuts. (3) `Commission' means each and every agricultural commodity commission created under this article. (4) `Distributor' means any person who engages in the operation of selling, marketing, or distributing an agricultural commodity which he has produced or has purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any producer, an agricultural commodity not theretofore subjected to regulation by the marketing order covering such commodity.

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(5) `Handler' means any person engaged within this state as a distributor in the business of distributing an agricultural commodity or any person engaged as a processor in the business of processing an agricultural commodity. (6) `Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing the processing, distributing, or handling in any manner of any agricultural commodity within this state or establishing an assessment for financing the programs established under this article. (7) `Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (8) `Processor' means any person engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural commodity for the purpose of preparing such agricultural commodity for market or of marketing such commodity or engaged in any other activities performed for the purpose of preparing such commodity for market or of marketing such commodity but shall not include a person engaged in manufacturing another and different product from an agricultural commodity, so changed in form. The term `processor' shall not include an agent of the processor nor any person who receives an agricultural commodity for or on the account of another person. (9) `Producer' means any person engaged within this state in the business of producing or causing to be produced for market any agricultural commodity as defined in this Code section. (10) `Producer marketing' or `marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, any agricultural commodity which he has produced to any handler as defined in this Code section.

Page 1424

(11) `Retailer' means any person who purchases or acquires any agricultural commodity for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of `distributor,' as set forth in this Code section, to the extent that he engages in the business of a distributor as defined in this Code section. (12) `Seasonal marketing regulations' means marketing regulations, applicable to a particular marketing order, made effective as prescribed in this article for the purpose of carrying into effect, by administrative order, the marketing regulatory authorizations and the provisions of such marketing order, as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such seasonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language of such marketing order. (13) `To distribute' means to engage in the business of a distributor as defined in this Code section. (14) `To handle' means to engage in the business of a handler as defined in this Code section. (15) `To process' means to engage in the business of a processor as defined in this Code section. 2-8-12. The Commissioner shall be authorized to exercise supervisory jurisdiction over the administration and enforcement of this article. In the performance of this duty, he is authorized to utilize the personnel and facilities of the department. 2-8-13. (a) Each of the following commissions heretofore established pursuant to the `Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date:

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(1) The Agricultural Commodity Commission for Milk established July 1, 1961; (2) The Agricultural Commodity Commission for Eggs established July 1, 1961; (3) The Agricultural Commodity Commission for Peanuts established August 1, 1961; (4) The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961; (5) The Agricultural Commodity Commission for Peaches established May 1, 1962; (6) The Agricultural Commodity Commission for Tobacco established July 1, 1962; (7) The Agricultural Commodity Commission for Apples established August 1, 1962; and (8) The Agricultural Commodity Commission for Cotton established August 1, 1965. (b) All actions taken by each of the commissions enumerated in subsection (a) of this Code section pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified and all funds received by each of the commissions after the effective date shown opposite its name are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of the aforesaid commissions and each commission hereafter created by law shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this chapter and shall be governed and controlled by this chapter; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended. (c) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23

Page 1426

to determine whether any existing commission shall continue to exist and operate under this article. 2-8-14. (a) Each commission shall be composed of: (1) The Commissioner of Agriculture, ex officio; (2) The president of the Georgia Farm Bureau Federation, ex officio; (3) One member, to serve as an ex officio member of all commissions, elected by the Agriculture Committee of the Senate with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; (4) One member, to serve as an ex officio member of all commissions, elected by the Agriculture and Consumer Affairs Committee of the House of Representatives with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; and (5) Five additional members, who shall be producers of the affected agricultural commodity, to be appointed by the ex officio members of the commission; for the purposes of the appointment of such five additional members, the two members elected by each of the agriculture committees of the General Assembly, who shall serve as members of each commission, shall be deemed to be ex officio members. (b) The initial two members elected by the agriculture committees of the General Assembly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia

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shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Tallbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairmen of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors. (c) The appointment of additional members of the commission by the ex officio members thereof, as provided in this Code section, shall be made by them from a list of nominees, submitted by the producers of the affected agricultural commodity, containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making their determination shall make the appointments in accordance with such determination. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment provided he is nominated as provided in subsection (b) of this Code section. (d) (1) The ex officio members who are state officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his duties. Each such ex officio member who is a state officer

Page 1428

may designate a representative of his department to act for him in performing any duties under this article. (2) The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government. (3) The appointive members of the commission and the president of the Georgia Farm Bureau Federation shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of each commission and each change in membership as the same occurs. (f) Each commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by each commission and may be paid from the funds of each commission. The Attorney General shall represent each commission in legal matters and shall be the attorney for each commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the particular commission involved and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (g) Any other provision of this article to the contrary notwithstanding, a member of any federation or organization of

Page 1429

producers shall be eligible to be appointed as a member of any commission administering this article with respect to any agricultural commodity produced by such federation or organization or handled by it for its members who produce it. (h) Each commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. Each commission may exercise the powers and authority conferred by law upon corporations. (i) The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, as members of each commission shall be entitled to vote on matters pertaining to the organization of each such commission and upon the selection and nomination of the appointive members of each commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the agricultural commodity nor shall they be entitled to vote upon the expenditure of any funds of the commission. (j) Each commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. 2-8-15. Each commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, each such commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. Each such commission shall name its chairman and determine a quorum for the transaction of business. Each such commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of each such commission shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office.

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2-8-16. The Commissioner is authorized and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating under this article. He shall disburse funds of any entity created under this article only upon the written authorization of the affected commission. 2-8-17. Funds received by the Commissioner under this article shall be held in trust for the affected commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the affected entity without complying with the requirement applicable to funds collected for the use and benefit of the state. 2-8-18. Any person who handles funds under this article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands. 2-8-19. The members and employees of any commission governed by this article and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of any such commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member. 2-8-20. The Commissioner and any commission governed by this article are authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.

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2-8-21. (a) The Commissioner, upon the approval and request of a commission governed by this article, is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of agricultural commodities within this state. (b) (1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any agricultural commodity, he shall, either upon his own motion, upon the motion of any commission, or upon the application of any producer of such commodity or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The Commissioner or the commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers of such agricultural commodity whose names and addresses appear upon lists of such persons on file in the department and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the

Page 1432

Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c) (1) In order to provide the Commissioner or the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for any agricultural commodity when such information is not then on file in the department, the Commissioner or the commission is authorized and directed, whenever the Commissioner or the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all handlers of such agricultural commodity, by publication of a notice as required in paragraph (2) of this subsection, to file with the Commissioner or the commission within ten days from the last date of such publication a report, properly certified, showing: (A) The correct name and address of such handler; (B) The quantities of the agricultural commodity affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report; (C) The correct names and addresses of all producers of such agricultural commodity who may be directly affected by such proposed marketing order, from whom such handler received such agricultural commodity in the marketing season next preceding the filing of such report; and

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(D) The quantities of such agricultural commodity received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) The notice to handlers requiring them to file a report shall be published by the Commissioner or the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the Commissioner or the commission may prescribe. The Commissioner or the commission shall also mail a copy of such notice to all handlers of such agricultural commodity whose names and addresses appear upon the lists on file in the department who may be directly affected by such proposed marketing order. (3) Each handler of an agricultural commodity directly affected by a proposed marketing order shall file his verified report with the Commissioner or the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The Commissioner or the commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the Commissioner or the commission, including any proper corrections, the Commissioner or the commission shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the Commissioner or the commission pursuant to subsection (a) of Code Section 2-8-15 and such findings shall be conclusive.

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(5) The information contained in the individual reports of handlers filed with the Commissioner or the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the Commissioner or the commission, their agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes. 2-8-22. (a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-21 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others: (1) Provisions regulating the period or periods during which any agricultural commodity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state by any and all persons engaged in such processing, distributing, or marketing within this state; such periods shall be established by the commission so as to conform to the better principles of sound agricultural practices with respect to production of the commodities affected, in order to secure, so far as is commercially practical, a sufficient supply of good quality of each grade of such commodity proportionate to normal market demand and to prevent disruptive marketing practices likely to result in oversupply or scarcity, which create unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products of inferior grade and quality due to unavailability of good quality products; (2) Provisions establishing or providing for establishing, with respect to any agricultural commodity, either as delivered by producers to handlers or processors or as handled,

Page 1435

processed, or otherwise prepared for market or as marketed by producers, handlers, or processors: (A) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards, provided that the standards so established shall not be established below any minimum standards prescribed by law for such commodity; and (B) Uniform inspection and grading of such commodity in accordance with the standards so established. (3) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for agricultural commodities grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of agricultural commodities to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of any agricultural commodity, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of such commodity without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (4) Provisions prohibiting unfair trade practices by which any producer or handler tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of the commodity involved, or detrimental to the intent and purpose of this article; (5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization,

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processing, and improvement of any agricultural commodity or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the dean of the College of Agriculture of the University of Georgia, the Commissioner, and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by the College of Agriculture but, if the dean of the college and the commission determine that the college has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; (6) Provisions establishing or providing authority for establishing, for any agricultural commodity, either as such commodity is produced or is delivered by producers to handlers or as such commodity is handled or otherwise prepared for market or as such commodity is marketed by producers or handlers, an educational program designed to acquaint producers, handlers, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to such commodity; (7) Provisions for the promotion of the marketing of surplus commodities through the establishment of surplus, stabilization, or by-product pools for any agricultural commodity or any grade, size, quality, or condition thereof, providing for the sale of the commodity in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such commodity. Whenever the marketing order authorizes the establishment of any such pool or pools, the commission shall have the power to receive such commodity from each producer or handler, to handle the same according to the grade, size, quality, or condition thereof, and to account to each producer or handler participating therein upon a pro rata basis for the net proceeds derived from the sale thereof. Whenever the marketing order authorizes the establishment of a surplus, stabilization, or by-product pool, the commission shall have authority to promote the marketing of surplus commodities by making arrangements for and operating any necessary facilities for the storing, financing, grading,

Page 1437

hauling, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this paragraph. Whenever the marketing order authorizes the establishment of any type of pool authorized in this paragraph, the commission shall have authority to create, by a uniform assessment upon producers, or to maintain and disburse, upon some other uniform and equitable basis, an equalization fund to be used for the removal of any inequalities between producers or handlers participating in any pool. (b) All provisions authorized by this Code section which are contained in marketing orders and amendments thereto heretofore adopted by any commission and in effect on July 1, 1969, shall be and remain of full force and effect until repealed or modified by each such commission as provided in this article. 2-8-23. (a) (1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the commission or the Commissioner until the finding of one or more of the following: (A) That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of the producers who are engaged within the area specified in such marketing order or amendment thereto in the production for market or the producer marketing of not less than 51 percent of the agricultural commodity specified therein in commercial quantities; (B) That such marketing order or amendment thereto has been assented to in writing by producers who produce not less than 65 percent of the volume of such agricultural commodity and by 51 percent of the total number of producers so engaged; or (C) That such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than 51 percent of the total number of producers of

Page 1438

the commodity of record with the department who marketed not less than 51 percent of the total quantity of the commodity marketed in the next preceding marketing season by the total number of producers of record with the department. (2) Whenever any marketing order or any major amendment to any marketing order is issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum. (3) If the Commissioner or the commission determines that a referendum shall be had, the Commissioner or the commission shall establish a referendum period of 30 days. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the ballots filed during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than 51 percent of the total number of producers of record with the department and that such producers who voted in favor of the marketing order or amendment thereto marketed not less than 51 percent of the total volume of such commodity marketed by all producers of record with the department during the marketing season next preceding such referendum, the Commissioner or the commission may make such marketing order or amendment thereto effective. The Commissioner and the commission are authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (4) At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affect producers or producer marketing, the Commissioner or the commission shall also receive testimony or evidence from which he or it can determine whether the assent, approval, or favor of such producers shall be determined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the Commissioner or the commission

Page 1439

shall make a finding, based upon the testimony and evidence received, whether producer assent, approval, or favor shall be determined by written assents or by referendum. If the Commissioner or the commission finds that a referendum shall be had, he or it shall direct that a referendum be held in accordance with this subsection. (5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2-8-22 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of the affected agricultural commodity, such marketing order may be declared by the commission to be approved. (6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b) Subject to the provisions, restrictions, and limitations imposed in this article, the Commissioner or the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing, or handling of such agricultural commodities within this state. (c) (1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in his or its opinion the substance of such minor amendments so warrants. The Commissioner or the commission, however, shall not be required to submit minor amendments for written assents or referendum approval. (2) In making effective major amendments to a marketing order, the Commissioner or the commission shall

Page 1440

follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for regulating the period or periods during which any agricultural commodity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state; (B) Authority for the establishment of uniform grading and inspection of any agricultural commodity and the establishment of grading standards of quality, condition, size, or pack of such commodity; (C) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity; (D) Authority to prohibit unfair trade practices; (E) Authority for carrying out research studies in the production, processing, or distribution of any agricultural commodity; (F) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; (G) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such commodity. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.

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(d) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the Commissioner or the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the Commissioner or the commission and to every person who files in the office of the Commissioner or the commission a written request for such notice. (e) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued hereunder as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (d) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (f) Upon the recommendation of the commission concerned, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (d) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (g) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall

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expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension. (h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration: (1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or (2) Approval or favor of such marketing order has been given by producers in a referendum among producers directly affected if at least 66 2/3 percent of the votes cast in such referendum favor the extension of such marketing order. (i) If the Commissioner or the commission determines that a referendum shall be held, the Commissioner or the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the ballots cast during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 66 2/3 percent of the total number of ballots cast, then such marketing order shall be extended for a period of three years after the expiration date. If it is found from the tabulation of such referendum that the number of producers who had voted in favor of the extension of such marketing order is less than the required 66 2/3 percent of the total number of ballots cast, then the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (g) of this Code section. 2-8-24. Marketing orders issued by any commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall

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be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state. 2-8-25. (a) The Commissioner, upon recommendation of the commission concerned, and each commission, without prior notice to and public hearing for the producers or handlers of the commodity directly affected, may issue and make effective seasonal marketing regulations or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this article, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing, and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the Commissioner or the commission; and provided, further, that the commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of this article with respect to such agricultural commodity. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the Commissioner or the commission to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order or, in absence of such, as may be specified by the commission or as specified in the administrative rules and regulations made effective for such marketing order pursuant to subsection (f) of Code Section 2-8-23. (b) It is recognized that with respect to some agricultural commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or more often. It is intended that this Code section be interpreted liberally so that the Commissioner or the commission may be enabled to carry out the marketing regulations and procedures authorized in this Code section in a practical and effective manner. 2-8-26. Whenever producers or handlers of an agricultural commodity regulated by a marketing order issued by any commission pursuant to this article are required to comply with

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minimum quality, condition, size, or maturity regulations, no person, except as otherwise provided in such order, shall process, distribute, or otherwise handle any of such agricultural commodity from any source, whether produced within or without this state, which commodity does not meet such minimum requirements applicable to producers or handlers of such commodity in this state, provided that such regulations shall not apply to any commodity which has been produced outside of this state and is in transit on the effective date of the regulations. 2-8-27. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner or the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the Commissioner or the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (1) in the case of producers will not exceed 2 1/2 percent of the gross dollar volume of sales of the commodity affected by all such producers regulated by such marketing order, or (2) in the case of processors, distributors, or other handlers will not exceed 2 1/2 percent of the gross dollar volume of purchases of the commodity affected by the marketing order from producers or of the gross dollar volume of sales of the commodity affected by the marketing order and handled by all such processors, distributors, or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.

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(b) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. (c) In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of advertising or sales promotion provided for in subsections (a) and (b) of this Code section, if the marketing order contains provisions for advertising or sales promotion as authorized in this article, the commission may approve and fix one assessment not exceeding 6 1/2 percent of the gross dollar volume of sales of such commodity by all producers or by all processors, distributors, or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof and the limitations and restrictions applicable thereupon shall conform in all respects with subsection (b) of this Code section, except as to the maximum amount of such assessment. In such case, the commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of such advertising or sales promotion program, provided that the proportion of such assessments

Page 1446

which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in subsection (a) of this Code section. (d) In the event that any commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the Commissioner is authorized to receive and disburse for such purposes contributions made by producers, processors, distributors, or other handlers. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions. (f) Each and every handler of the agricultural commodities for which an assessment has been established by or pursuant to this article shall, at the time of purchase of any such commodity from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the Commissioner for the use of the commission for which the same was levied. The liability of such handler under this article shall not be discharged except upon receipt of such sums by the Commissioner. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the Commissioner in enforcing payment and collection of such assessments, delivery by a producer to a handler for processing of any agricultural commodity upon which

Page 1447

an assessment has been established shall be deemed a sale of such commodity within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such handler actually purchases such agricultural commodity for himself or only processes same for a consideration payable by the producer or another person and such agricultural commodity is thereafter sold to another person, provided that upon collection of such assessment by the handler to whom such agricultural commodity is so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed agricultural commodity to another person or handler. (g) The Commissioner may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of the same by handlers. The Commissioner is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the Commissioner, to levy and collect such executions and to make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The Commissioner shall likewise be authorized to collect, by execution as above provided or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected commodity or commodities giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this Code section to remit the same to the Commissioner. Furthermore, the Commissioner may proceed against such producer and the purchaser of such commodity simultaneously if the purchaser is a handler required to collect such assessment, until satisfaction is obtained. (h) Any moneys collected by the Commissioner or the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and

Page 1448

disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the affected commission. If any such commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of such commission and the expenses incurred in winding up the affairs of such commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds. (i) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine that this Code section is complied with. 2-8-28. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the Commissioner or the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the Commissioner when payment is called for by the Commissioner. In the event of the failure of such person to pay any such assessment upon the date determined by the Commissioner, the Commissioner may file an action against such person in a court of competent jurisdiction for the collection thereof. (b) In the event that any producer or handler duly assessed pursuant to this article fails to pay to the Commissioner the amount so assessed on or before the date specified by the Commissioner, the Commissioner is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.

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(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the Commissioner. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the Commissioner. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission entitled thereto as are other moneys received under this article. 2-8-29. (a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article: (1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the Commissioner or his duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the Commissioner or his duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. 2-8-30. Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation

Page 1450

of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations authorized by a marketing order issued and made effective under this article, it shall be unlawful and a violation of this article for any person who is not participating in and complying with such order or regulations to use such designation of grade, quality, or condition. 2-8-31. (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this article may enter during normal business hours and inspect any premises, enclosure, building, or conveyance where he has reason to believe any agricultural commodity subject to a marketing order is produced, stored, being prepared for market, or marketed and may inspect or cause to be inspected such representative samples of the commodity as may be necessary to determine whether or not any lot of such commodity is in compliance with applicable regulations of any marketing order made effective pursuant to this article. (b) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any agricultural commodity subject to a marketing order issued under this article is not in compliance with the requirements of such marketing order or of marketing rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 24 hours in the case of perishables or 72 hours in the case of nonperishables, except as provided in this Code section. (c) (1) Following inspection, an inspector or other authorized person may affix to any lot which is determined to be in noncompliance an official notice, warning tag, or other appropriate marking warning that the lot is held and stating the reasons therefor. It shall be unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot or to

Page 1451

remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance, except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction. (2) The Commissioner or the authorized person by whom such lot is being held shall serve the person in possession of such lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of the person in possession. It shall be the duty of the person in possession to notify the owner of the lot or other persons having an interest therein of the serving of such notice of noncompliance. (3) Such notice of noncompliance shall include a description of the lot and the place where and reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the Code section upon which the notice of noncompliance is based. (d) (1) The owner of a lot shall have, in the case of a perishable commodity, not more than 48 hours and, in the case of a nonperishable commodity, not more than 72 hours from the time of the service of a notice of noncompliance for reconditioning or for the correction of the deficiencies noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected, the enforcing officer shall remove the warning tags or markings and release the lot for marketing, provided that with the consent of the owner of the lot, the enforcing officer is authorized to divert the lot to other lawful uses or to destroy the lot. (2) (A) If the owner of the lot fails or refuses to give consent to its diversion to other lawful uses or to its destruction or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring the lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided in this subsection. (B) The Commissioner may file a verified petition in the superior court of the county where the agricultural

Page 1452

commodity is held or the county of the residence of the owner thereof requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court in which the petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held and the notice of noncompliance has been served as provided in this Code section; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of the lot; and that the owner has refused permission to divert or to destroy the lot. Upon the filing of such verified petition the court may issue an order to show cause, returnable five days after service upon the owner, why the lot shall not be reconditioned or the deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring the lot into compliance or file at or before the hearing on the order an answer with the court showing why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance or showing why the lot should not be diverted to other lawful uses or destroyed. (C) If, at the expiration of the five days, the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful uses, or destroyed in the manner directed by the court or that the lot be relabeled, denatured, or otherwise processed or that the lot be sold or released upon such condition as the court in its discretion may impose, provided that the lot may not be sold or released into the regular channels of trade. (D) In the event of the sale of any lot by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of the sale and the balance, if any, shall be paid into the court for the account of the owner of any such lot.

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(e) Disposal of any lot or portion of any lot pursuant to this Code section, whether such disposal is by arrangement with an enforcing officer or by court order, shall not waive any of the penalty provisions of this article. (f) This Code section shall apply to any lot of any agricultural commodity regulated by a marketing order wherever or in the possession of whomever such lot may be in the marketing channels within this state. 2-8-32. Any person who violates any provision of this article or any marketing order duly issued by any commission and in effect under this article or who violates any rule or regulation issued by the Commissioner pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to such commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the Commissioner for the use and benefit of the affected commission or by execution issued in like manner as for assessments provided by Code Section 2-8-27. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-27 as are other moneys. 2-8-33. (a) The Attorney General of this state shall, upon complaint by the Commissioner, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the Commissioner for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the Commissioner or any commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if

Page 1454

the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the Commissioner or any commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the Commissioner or commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the Commissioner or any commission and effective under this article or of any rule or regulation issued by the Commissioner or any commission pursuant to any marketing order, the judgment, if in favor of the Commissioner or the commission, may provide that the defendant pay to the Commissioner or to the commission concerned with the administration of such marketing order the costs incurred by the Commissioner or by the commission in the prosecution of such action. 2-8-34. (a) The Commissioner on his own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the Commissioner or commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the Commissioner deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the Commissioner to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state.

Page 1455

(c) After an administrative hearing, if the Commissioner finds that a violation has occurred, he shall enter his findings and notify the parties to such complaint. In his discretion, the Commissioner shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if he finds that the facts or circumstances warrant immediate prosecution, the Commissioner shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction. 2-8-35. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any person engaged in the handling or processing of any agricultural commodity or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the persons from whom he has received an agricultural commodity regulated by a marketing order issued and in effect under this article and the quantity of such commodity received shall be guilty of a misdemeanor. 2-8-36. Any person who violates any provision of this article or any provision of any marketing order duly issued by any commission under this article shall be guilty of a misdemeanor. 2-8-37. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly or combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation. 2-8-38. This article shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this article.

Page 1456

ARTICLE 3 2-8-50. This article shall apply only to the Agricultural Commodity Commission for Peanuts. 2-8-51. As used in this article, the term: (1) `Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of peanuts to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of peanuts included in any marketing order made effective pursuant to this article. (2) `Commission' means the Agricultural Commodity Commission for Peanuts created under this article. (3) `Distributor' means any person who engages in the operation of selling, marketing, or distributing peanuts which he has produced or has purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any producer, peanuts not theretofore subjected to regulation by the marketing order covering peanuts. (4) `Handler' means any person engaged within this state as a distributor in the business of distributing peanuts or any person engaged as a processor in the business of processing peanuts. (5) `Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing the processing, distributing, or handling in any manner of peanuts within this state or establishing an assessment for financing the programs established under this article.

Page 1457

(6) `Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (7) `Peanuts' means peanuts and peanut products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section. (8) `Processor' means any person engaged within this state in the operation of receiving, garding, packing, canning, extracting, preserving, grinding, crushing, or changing the form of peanuts for the purpose of preparing peanuts for market or of marketing such peanuts or engaged in any other activities performed for the purpose of preparing such peanuts for market or of marketing such peanuts but shall not include a person engaged in manufacturing another and different product from peanuts, so changed in form. The term `processor' shall not include an agent of the processor nor any person who receives peanuts for or on the account of another person. (9) `Producer' means any person engaged within this state in the business of producing or causing to be produced for market peanuts as defined in this Code section. (10) `Producer marketing' or `marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, peanuts which he has produced to any handler as defined in this Code section. (11) `Retailer' means any person who purchases or acquires peanuts for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of `distributor,' as set forth in this Code section, to the extent that he engages in the business of a distributor as defined in this Code section.

Page 1458

(12) `Seasonal marketing regulations' means marketing regulations, applicable to a particular marketing order, made effective as prescribed in this article for the purpose of carrying into effect, by administrative order, the marketing regulatory authorizations and the provisions of such marketing order, as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such seasonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language of such marketing order. (13) `To distribute' means to engage in the business of a distributor as defined in this Code section. (14) `To handle' means to engage in the business of a handler as defined in this Code section. (15) `To process' means to engage in the business of a processor as defined in this Code section. 2-8-52. (a) The Agricultural Commodity Commission for Peanuts which was initially established August 1, 1961, pursuant to the `Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, is continued in existence and is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date. The Agricultural Commodity Commission for Peanuts shall be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article. (b) Marketing Order No. 3 for Peanuts which was adopted by the Agricultural Commodity Commission for Peanuts and which was continued in existence until June 30, 1991, shall continue in effect under the provisions of this article until such date. (c) All rules, regulations, and orders of the Agricultural Commodity Commission for Peanuts in force and effect on July 1, 1989, shall remain in effect until otherwise amended or repealed pursuant to this article.

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(d) Prior to April 30, 1991, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-63 to determine whether the commission shall continue to exist and operate under this article. 2-8-53. (a) The Agricultural Commodity Commission for Peanuts shall be composed of five members, who shall be peanut producers to be elected in the manner provided in subsection (b) of this Code section. (b) (1) For the purpose of electing the five members of the Agricultural Commodity Commission for Peanuts, the commission shall divide those counties within this state in which peanuts are produced into five districts, each of which shall have approximately equal quota pound production of peanuts. Any county in which peanuts are not produced shall not be included in any of the five districts. Such districts in existence on July 1, 1989, shall remain as constituted on such date until otherwise changed by the commission. (2) The five producer members of the Agricultural Commodity Commission for Peanuts who are serving as such on July 1, 1989, shall continue as members for the remainder of their unexpired terms. Prior to the expiration of a term of office, it shall be the duty of the commission to conduct an election for a successor. Except as otherwise provided in this Code section, elections shall be called and conducted in the manner specified by the commission. One member shall be elected from each district by the producers of peanuts residing in such district. To be eligible for election, a person must be a peanut producer. No producer of peanuts residing within the district shall be denied the right to seek election to membership on the commission. (3) A person must receive a majority of the votes cast for a position in order to be elected to such position. If no person receives a majority of the votes cast for such position, a run-off election shall be conducted by the commission. Any member may succeed himself as a member of a commission. Members shall have terms of office of three years each and until their respective successors are elected and qualified.

Page 1460

(4) Vacancies in the membership of the commission shall be filled by election in the same manner as the original election of such members. Any person elected to fill a vacancy shall be elected for the remainder of the unexpired term. (c) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. The commission shall keep comprehensive and detailed records of all compensation and expense reimbursement paid to each member of the commission. In connection with the audits provided for in subsection (h) of Code Section 2-8-67, the state auditor shall annually prepare a comprehensive and detailed report of the compensation and reimbursement paid to each member of the commission and shall provide a copy of such report to the commission; and such report shall be available to any producer of peanuts upon written request of any such producer. (d) It shall be the duty of the commission to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs. 2-8-54. (a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the commission and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel.

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(b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. 2-8-55. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairman and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a member's election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office. 2-8-56. The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission. 2-8-57. Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state. 2-8-58. Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable

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instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Peanuts shall be signed by either the chairman or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission. 2-8-59. The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member. 2-8-60. The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article. 2-8-61. (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of peanuts within this state. (b) (1) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to peanuts, it shall, either upon its own motion or upon the application of any producer of peanuts or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order.

Page 1463

(2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers of peanuts whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c) (1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for peanuts when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article or upon receipt of a written application for a hearing pursuant to subsection (b) of this

Page 1464

Code section, to notify all handlers of peanuts, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing: (A) The correct name and address of such handler; (B) The quantities of peanuts affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report; (C) The correct names and addresses of all producers of peanuts who may be directly affected by such proposed marketing order, from whom such handler received peanuts in the marketing season next preceding the filing of such report; and (D) The quantities of peanuts received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) The notice to handlers requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all handlers of peanuts whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each handler of peanuts directly affected by a proposed marketing order shall file his verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available.

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(4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the volume of peanuts produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of peanuts handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-63 and such findings shall be conclusive. (5) The information contained in the individual reports of handlers filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes. 2-8-62. (a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-61 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others: (1) Provisions regulating the period or periods during which peanuts or any grade, size, or quality of peanuts may be processed, distributed, or otherwise marketed within this state by any and all persons engaged in such processing, distributing, or marketing within this state; such periods shall be established by the commission so as to conform to the better principles of sound agricultural practices with respect to production of the peanuts in order to secure, so far as is commercially practical, a sufficient supply of good

Page 1466

quality of each grade of peanuts proportionate to normal market demand and to prevent disruptive marketing practices likely to result in oversupply or scarcity, which create unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products of inferior grade and quality due to unavailability of good quality products; (2) Provisions establishing or providing for establishing, with respect to peanuts, either as delivered by producers to handlers or processors or as handled, processed, or otherwise prepared for market or as marketed by producers, handlers, or processors: (A) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards, provided that the standards so established shall not be established below any minimum standards prescribed by law for peanuts; and (B) Uniform inspection and grading of peanuts in accordance with the standards so established. (3) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for peanuts grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of peanuts to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of peanuts, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of peanuts without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (4) Provisions prohibiting unfair trade practices by which any producer or handler tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or

Page 1467

misleading representations, concealment, or other similar sharp business practices which are harmful to his or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of peanuts, or detrimental to the intent and purpose of this article; (5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of peanuts or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the dean of the College of Agriculture of the University of Georgia and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by the College of Agriculture but, if the dean of the college and the commission determine that the college has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; (6) Provisions establishing or providing authority for establishing, either as peanuts are produced or are delivered by producers to handlers or as peanuts are handled or otherwise prepared for market or as peanuts are marketed by producers or handlers, an educational program designed to acquaint producers, handlers, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to peanuts; (7) Provisions for the promotion of the marketing of surplus peanuts through the establishment of surplus, stabilization, or by-product pools for peanuts or any grade, size, quality, or condition thereof, providing for the sale of the peanuts in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such peanuts. Whenever the marketing order authorizes the establishment of any such pool or pools, the commission shall have the power to receive such peanuts from each producer or handler, to handle the same according to the grade, size, quality, or condition thereof, and to account to each producer or handler participating

Page 1468

therein upon a pro rata basis for the net proceeds derived from the sale thereof. Whenever the marketing order authorizes the establishment of a surplus, stabilization, or byproduct pool, the commission shall have authority to promote the marketing of surplus peanuts by making arrangements for and operating any necessary facilities for the storing, financing, grading, hauling, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this paragraph. Whenever the marketing order authorizes the establishment of any type of pool authorized in this paragraph, the commission shall have authority to create, by a uniform assessment upon producers, or to maintain and disburse, upon some other uniform and equitable basis, an equalization fund to be used for the removal of any inequalities between producers or handlers participating in any pool; and (8) Provisions for the establishment and management of a stabilization fund to compensate producers of peanuts for peanuts which must be diverted or which fail to qualify for marketing or sale in regular marketing channels due to grade, quality, or size regulations. The commission shall be authorized to provide, by regulations, for the administration of such stabilization fund, including regulations as to the type, quality or grade of peanuts, the amount of stabilization support, reporting, and qualifying procedures. Whenever the marketing order authorizes the establishment of any type of stablization fund authorized in this paragraph, the commission shall have the authority to create such fund by a uniform assessment upon producers of peanuts and to maintain and disburse such stabilization fund in accordance with the purposes set out in this paragraph. (b) All provisions authorized by this Code section which are contained in marketing orders and amendments thereto heretofore adopted by the Agricultural Commodity Commission for Peanuts and in effect on July 1, 1989, shall be and remain of full force and effect until repealed or modified by the commission as provided in this article. 2-8-63. (a) (1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective

Page 1469

by the commission until the finding of one or more of the following: (A) That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of the producers who are engaged within the area specified in such marketing order or amendment therto in the production for market or the producer marketing of not less than 51 percent of the peanuts specified therein in commercial quantities; (B) That such marketing order or amendment thereto has been assented to in writing by producers who produce not less than 65 percent of the volume of peanuts and by 51 percent of the total number of producers so engaged; or (C) That such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than 51 percent of the total number of producers of peanuts of record with the commission who marketed not less than 51 percent of the total quantity of the peanuts marketed in the next preceding marketing season by the total number of producers of record with the commission. (2) Whenever any marketing order or any major amendment to any marketing order is issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum. (3) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the commission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than 51 percent of the total number of producers of record with the

Page 1470

commission and that such producers who voted in favor of the marketing order or amendment thereto marketed not less than 51 percent of the total volume of peanuts marketed by all producers of record with the commission during the marketing season next preceding such referendum, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (4) At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affect producers or producer marketing, the commission shall also receive testimony or evidence from which it can determine whether the assent, approval, or favor of such producers shall be determined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the commission shall make a finding, based upon the testimony and evidence received, whether producer assent, approval, or favor shall be determined by written assents or by referendum. If the commission finds that a referendum shall be had, it shall direct that a referendum be held in accordance with this subsection. (5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2-8-62 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of peanuts, such marketing order may be declared by the commission to be approved. (6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period.

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(b) Subject to the provisions, restrictions, and limitations imposed in this article, the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of peanuts by any and all persons engaged in such producer marketing, processing, distributing, or handling of peanuts within this state. (c) (1) Upon the recommendation of not less than three members of the commission, the commission maymake effective minor amendments to a marketing order. The commission may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to submit minor amendments for written assents or referendum approval. (2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for regulating the period or periods during which peanuts or any grade, size, or quality of such peanuts may be processed, distributed, or otherwise marketed within this state; (B) Authority for the establishment of uniform grading and inspection of peanuts and the establishment of grading standards of quality, condition, size, or pack of such peanuts; (C) Authority for the establishment of plans for advertising and sales promotion of peanuts; (D) Authority to prohibit unfair trade practices; (E) Authority for carrying out research studies in the production, processing, or distribution of peanuts;

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(F) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or (G) Authority to extend the application of the provisions of any marketing order to portions or uses of peanuts not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such peanuts. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (d) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and to every person who files in the office of the commission a written request for such notice. (e) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (d) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation.

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(f) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (d) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (g) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension. (h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration: (1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or (2) Approval or favor of such marketing order has been given by producers in a referendum among producers directly affected if at least 66 2/3 percent of the votes cast in such referendum favor the extension of such marketing order. (i) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commisison finds that the number of producers voting in favor of the extension of such marketing order is not less than 66 2/3 percent of the total number of ballots cast, then such marketing order shall be extended for a period of three years after the expiration date. If it is found from the tabulation of such referendum that the number

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of producers who had voted in favor of the extension of such marketing order is less than the required 66 2/3 percent of the total number of ballots cast, then the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (g) of this Code section. 2-8-64. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state. 2-8-65. (a) The commission without prior notice to and public hearing for the producers of handlers of the peanuts directly affected, may issue and make effective seasonal marketing regulations or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this article, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing, and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the commission; and provided, further, that the commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of this article with respect to peanuts. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the commission to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order or, in absence of such, as may be specified by the commission or as specified in the administrative rules and regulations made effective for such marketing order pursuant to subsection (f) of Code Section 2-8-63. (b) It is recognized that with respect to some peanuts, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or more often. It is intended that this Code section

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be interpreted liberally so that the commission may be enabled to carry out the marketing regulations and procedures authorized in this Code section in a practical and effective manner. 2-8-66. Whenever producers or handlers of peanuts regulated by a marketing order issued by the commission pursuant to this article are required to comply with minimum quality, condition, size, or maturity regulations, no person, except as otherwise provided in such order, shall process, distribute, or otherwise handle any of such peanuts from any source, whether produced within or outside this state, which peanuts do not meet such minimum requirements applicable to producers or handlers of such peanuts in this state, provided that such regulations shall not apply to any peanuts which have been produced outside of this state and are in transit on the effective date of the regulations. 2-8-67. (a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which peanuts are marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (1) in the case of producers will not exceed 2 1/2 percent of the gross dollar volume of sales of the peanuts affected by all such producers regulated by such marketing order, or (2) in the case of processors, distributors, or other handlers will not exceed 2 1/2 percent of the gross dollar volume of purchases of peanuts

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affected by the marketing order from producers or of the gross dollar volume of sales of peanuts affected by the marketing order and handled by all such processors, distributors, or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. (b) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which peanuts are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of peanuts regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. (c) In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of advertising or sales promotion provided for in subsections (a) and (b) of this Code section, if the marketing order contains provisions for advertising or sales promotion as authorized in this article, the commission may approve and fix one assessment not exceeding 6 1/2 percent of the gross dollar volume of sales of such peanuts by all producers or by all processors, distributors, or other handlers of such peanuts regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof and the limitations and restrictions applicable thereupon shall conform in all respects with subsection (b) of this Code section, except as to the maximum amount of such assessment. In such case, the

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commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of such advertising or sales promotion program, provided that the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in subsection (a) of this Code section. (d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers, processors, distributors, or other handlers. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions. (f) Each and every handler of peanuts for which an assessment has been established by or pursuant to this article shall, at the time of purchase of any such peanuts from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such handler under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience

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of the commission in enforcing payment and collection of such assessments, delivery by a producer to a handler for processing of any peanuts upon which an assessment has been established shall be deemed a sale of such peanuts within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of [Illegible Text] such handler actually purchases such peanuts for himself or only processes same for a consideration payable by the producer or another person and such peanuts are thereafter sold to another person, provided that upon collection of such assessment by the handler to whom such peanuts are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed peanuts to another person or handler. (g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of the same by handlers. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected peanuts giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such peanuts simultaneously if the purchaser is a handler required to collect such assessment, until satisfaction is obtained. (h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the

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commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds. (i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in compliance with this Code section. 2-8-68. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof. (b) In the event that any producer or handler duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorzed to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.

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(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article. 2-8-69. (a) The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article: (1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. 2-8-70. Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, other than grade or other

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quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations authorized by a marketing order issued and made effective under this article, it shall be unlawful and a violation of this article for any person who is not participating in and complying with such order or regulations to use such designation of grade, quality, or condition. 2-8-71. (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this article may enter during normal business hours and inspect any premises, enclosure, building, or conveyance where he has reason to believe any peanuts subject to a marketing order are produced, stored, being prepared for market, or marketed and may inspect or cause to be inspected such representative samples of the peanuts as may be necessary to determine whether or not any lot of such peanuts is in compliance with applicable regulations of any marketing order made effective pursuant to this article. (b) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any peanuts subject to a marketing order issued under this article is not in compliance with the requirements of such marketing order or of marketing rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 72 hours, except as provided in this Code section. (c) (1) Following inspection, an inspector or other authorized person may affix to any lot which is determined to be in noncompliance an official notice, warning tag, or other appropriate marking warning that the lot is held and stating the reasons therefor. It shall be unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance, except upon written permission of an authorized

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enforcing officer or by order of a court of competent jurisdiction. (2) The commission or the authorized person by whom such lot is being held shall serve the person in possession of such lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of the person in possession. It shall be the duty of the person in possession to notify the owner of the lot or other persons having an interest therein of the serving of such notice of noncompliance. (3) Such notice of noncompliance shall include a description of the lot and the place where and reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the Code section upon which the notice of noncompliance is based. (d) (1) The owner of a lot shall have not more than 72 hours from the time of the service of a notice of noncompliance for reconditioning or for the correction of the deficiencies noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected, the enforcing officer shall remove the warning tags or markings and release the lot for marketing, provided that with the consent of the owner of the lot, the enforcing officer is authorized to divert the lot to other lawful uses or to destroy the lot. (2) (A) If the owner of the lot fails or refuses to give consent to its diversion to other lawful uses or to its destruction or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring the lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided in this subsection. (B) The commission may file a verified petition in the superior court of the county where the peanuts are held or the county of the residence of the owner thereof requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court

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in which the petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held and the notice of noncompliance has been served as provided in this Code section; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of the lot; and that the owner has refused permission to divert or to destroy the lot. Upon the filing of such verified petition the court may issue an order to show cause, returnable five days after service upon the owner, why the lot shall not be reconditioned or the deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring the lot into compliance or file at or before the hearing on the order an answer with the court showing why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance or showing why the lot should not be diverted to other lawful uses or destroyed. (C) If, at the expiration of the five days, the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful uses, or destroyed in the manner directed by the court or that the lot be relabeled or otherwise processed or that the lot be sold or released upon such condition as the court in its discretion may impose, provided that the lot may not be sold or released into the regular channels of trade. (D) In the event of the sale of any lot by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of the sale and the balance, if any, shall be paid into the court for the account of the owner of any such lot. (e) Disposal of any lot or portion of any lot pursuant to this Code section, whether such disposal is by arrangement with an enforcing officer or by court order, shall not waive any of the penalty provisions of this article.

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(f) This Code section shall apply to any lot of peanuts regulated by a marketing order wherever or in the possession of whomever such lot may be in the marketing channels within this state. 2-8-72. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-67. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-67 as are other moneys. 2-8-73. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing

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order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action. 2-8-74. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state. (c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against

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such respondent or respondents in a court of competent jurisdiction. 2-8-75. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the persons from whom he has received peanuts regulated by a marketing order issued and in effect under this article and the quantity of such peanuts received shall be guilty of a misdemeanor. 2-8-76. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor. 2-8-77. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation. 2-8-78. This article shall not be applicable to any retailer of peanuts except to the extent that any retailer also engages in the processing or distribution of peanuts as defined in this article. 2-8-79. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 2 . Within 30 days following the effective date of this Act it shall be the duty of the Commissioner of Agriculture to turn over any funds and records of the Agricultural Commodity Commission for Peanuts to such commission.

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Section 3 . The provisions of this Act shall not affect or impair any action taken by any agricultural commodity commission prior to the effective date of this Act, any marketing order in existence on the effective date of this Act, or any rules, regulations, orders, actions, causes of action, contracts, or agreements in effect on such date. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. ALCOHOLIC BEVERAGESSUNDAY SALES IN COUNTIES OF 160,000 OR MORE AND MUNICIPALITIES THEREIN. Code Section 3-3-7 Amended. No. 649 (Senate Bill No. 277). AN ACT To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain establishments on Sunday; 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 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 in their entirety subsections (d), (e), and (j) and by redesignating subsections (f), (g),

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(h), (i), (k), (l), (m), and (n) as subsections (d), (e), (f), (g), (h), (i), (j), and (k), respectively. Section 2 . Said Code section is further amended by striking in its entirety subsection (o) and by inserting immediately following newly redesignated subsection (k) a new subsection (l) to read as follows: (l) In all counties having a population of 160,000 or more according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; (2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. 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; and (3) In inns which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term `inn' 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 income from the rental of rooms for overnight lodging. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises.

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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 18, 1989. LIENSSERVICE OR REPAIR OF BICYCLES, MOTOR SCOOTERS, MOPEDS, MOTORCYCLES, LAWN MOWERS, GARDEN EQUIPMENT, OR RELATED EQUIPMENT; NOTICE; SALE. Code Sections 44-14-460 through 44-14-466 Enacted. No. 650 (Senate Bill No. 317). AN ACT To amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment; to provide that such persons, firms, or corporations shall have the right to retain possession of the equipment repaired until their charges have been paid; to provide that if any equipment has been delivered to the owner, the lien shall be lost; to provide for the rank of these liens; to provide that after a period of 60 days after the service has been performed on such equipment without the value of the services having been paid, the person, firm, or corporation may sell such equipment to recover its costs of service; to provide that notice to the owner shall be sent before that person's equipment is sold; to provide for a period in which a person may claim such equipment; to provide that the

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proceeds shall be used to cover the costs of service; to provide that the remedies in this part shall be cumulative to any other remedies available by law; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by adding immediately following Part 7 thereof a new Part 7A to read as follows: Part 7A 44-14-460. All persons, firms, or corporations engaged in the business of servicing or repairing bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the agreed price or the reasonable value of their services in servicing or repairing such equipment, have a lien upon the equipment serviced or repaired, whether the work of servicing or repairing the equipment is performed by themselves or by their employees. 44-14-461. Any persons, firms, or corporations shall have the right to retain possession of the equipment repaired by them until their charges have been paid; but, if any equipment is delivered to the person for whom the service or repair was performed without collecting the agreed price or reasonable value of servicing or repairing the equipment, the lien shall be lost upon the equipment so delivered. 44-14-462. A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the same manner. 44-14-463. In order to satisfy the lien of the person, firm, or corporation performing the service or repair, whenever any bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or such other related equipment remains in the possession of any person, firm, or corporation engaged in the business of servicing or repairing such equipment for a period of 60 days after the person, firm, or corporation has performed any services or repairs thereon without the agreed price or the

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reasonable value of the service or repair being paid, the equipment may be sold by the person, firm, or corporation having performed the service or repair, provided that the requirements of Code Section 44-14-464 are satisfied. 44-14-464. Before any sale shall be made as provided in Code Section 44-14-463, the person, firm, or corporation making the sale shall give ten days' notice thereof by certified mail evidenced by return receipt to the last known address of the owner if known, or otherwise to the last known address of the person from which the equipment was received. Such notice shall give the name of the owner of the equipment, if known, and, if not known, the name of the person from whom the equipment was received; a description of the equipment to be sold; the time and place of the sale; the amount of the charges for which the equipment will be sold; and the name of the person, firm, or corporation having possession of the equipment and proposing to make the sale. If such equipment is not claimed during the ten days following the date that notice was mailed, the equipment may be sold. 44-14-465. The proceeds of any sale made under this part shall be applied first to the payment of the lien for services or repairs rendered by the person, firm, or corporation making the sale for its services in repairing or servicing the equipment sold; and the residue, if any, shall be paid on demand to the owner of the equipment sold. 44-14-466. The method of satisfaction of the liens referred to in this part shall be cumulative of any other remedies provided by law for the foreclosure or satisfaction of such liens. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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APPROPRIATIONSS.F.Y. 1989-90. No. 651 (House Bill No. 145). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1989, and ending June 30, 1990; 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, 1989, and ending June 30, 1990, 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 $7,407,000,000 for State Fiscal Year 1990. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 21,267,336 Personal Services - Staff $ 10,496,000 Personal Services - Elected Officials $ 3,427,649 Regular Operating Expenses $ 2,129,900 Travel - Staff $ 107,200 Travel - Elected Officials $ 7,000 Motor Vehicle Purchases $ 0 Equipment $ 228,000 Computer Charges $ 372,000 Real Estate Rentals $ 65,100 Telecommunications $ 651,000 Per Diem, Fees and Contracts - Staff $ 386,259 Per Diem, Fees and Contracts - Elected Officials $ 2,204,228 Photography $ 65,000 Expense Reimbursement Account $ 1,128,000 Capital Outlay $ 0 Total Funds Budgeted $ 21,267,336 State Funds Budgeted $ 21,267,336 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,001,903 $ 4,001,903 Lt. Governor's Office $ 576,073 $ 576,073 Secretary of the Senate's Office $ 1,052,815 $ 1,052,815 Total $ 5,630,791 $ 5,630,791 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,271,104 $ 8,271,104 Speaker of the House's Office $ 423,399 $ 423,399 Clerk of the House's Office $ 1,111,762 $ 1,111,762 Total $ 9,806,265 $ 9,806,265 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,023,514 $ 2,023,514 Legislative Fiscal Office $ 1,919,437 $ 1,919,437 Legislative Budget Office $ 786,181 $ 786,181 Ancillary Activities $ 1,101,148 $ 1,101,148 Total $ 5,830,280 $ 5,830,280 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

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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, 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

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which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits . Budget Unit: Department of Audits $ 14,106,131 Operations Budget: Personal Services $ 12,012,877 Regular Operating Expenses $ 341,610 Travel $ 800,000 Motor Vehicle Purchases $ 11,000 Equipment $ 23,750 Per Diem, Fees and Contracts $ 25,500 Real Estate Rentals $ 517,628 Computer Charges $ 323,209 Telecommunications $ 50,557 Total Funds Budgeted $ 14,106,131 State Funds Budgeted $ 14,106,131 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 4,210,943 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 4,775,456 Section 5. Superior Courts . Budget Unit: Superior Courts $ 39,445,788 Operation of the Courts $ 37,695,444 Prosecuting Attorney's Council $ 692,233 Sentence Review Panel $ 126,479 Council of Superior Court Judges Judicial Administrative Districts $ 831,207 Habeas Corpus Clerk $ 15,000 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 398,760 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 562,500 Institute's Operations $ 437,000 Georgia Magistrate Courts Training Council $ 125,500 Section 8. Judicial Council . Budget Unit: Judicial Council $ 1,737,304 Council Operations $ 716,677 Payments to Judicial Administrative Districts for Case Counting $ 73,500 Board of Court Reporting $ 30,355 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 Payment to Resource Center $ 231,132 Payment to Computerized Information Network $ 629,640 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 112,242 Section 10. Indigent Defense Council . Budget Unit: Indigent Defense Council $ 1,000,000 Grants $ 950,000 Operations $ 50,000 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 43,972,459 Administration and Services Budget: Personal Services $ 46,310,863 Regular Operating Expenses $ 9,722,215 Travel $ 338,500 Motor Vehicle Purchases $ 426,000 Equipment $ 2,093,708 Computer Charges $ 9,239,841 Real Estate Rentals $ 3,410,064 Telecommunications $ 898,105 Per Diem, Fees and Contracts $ 431,150 Rents and Maintenance Expense $ 16,169,500 Utilities $ 37,900 Payments to DOAS Fiscal Administration $ 2,000,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 3,260,000 Telephone Billings $ 34,400,000 Materials for Resale $ 13,000,000 Public Safety Officers Indemnity Fund $ 608,800 Health Planning Review Board Operations $ 40,000 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 $ 149,216,646 State Funds Budgeted $ 43,972,459 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 430,696 $ 430,696 Departmental Administration $ 5,726,013 $ 5,695,948 Treasury and Fiscal Administration $ 17,339,145 $ 15,339,145 Central Supply Administration $ 12,697,237 $ 0 Procurement Administration $ 2,926,504 $ 2,926,504 General Services Administration $ 718,666 $ 0 Space Management Administration $ 572,247 $ 572,247 Data Processing Services $ 50,335,332 $ 13,157,919 Motor Vehicle Services $ 3,969,735 $ 0 Communication Services $ 43,854,483 $ 5,850,000 Printing Services $ 6,538,486 $ 0 Surplus Property Services $ 1,562,148 $ 0 Mail and Courier Services $ 723,826 $ 0 Risk Management Services $ 1,822,128 $ 0 Total $ 149,216,646 $ 43,972,459 B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 20,399,366 Regular Operating Expenses $ 4,704,744 Travel $ 22,750 Motor Vehicle Purchases $ 238,500 Equipment $ 220,775 Computer Charges $ 112,000 Real Estate Rentals $ 10,800 Telecommunications $ 136,700 Per Diem, Fees and Contracts $ 143,300 Capital Outlay $ 0 Utilities $ 8,166,638 Contractual Expense $ 190,000 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 34,345,573 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,986,416 $ 0 Custodial $ 5,320,055 $ 0 Maintenance $ 5,195,254 $ 0 Security $ 5,289,685 $ 0 Van Pool $ 334,902 $ 0 Sales $ 4,609,080 $ 0 Administration $ 10,902,752 $ 0 Railroad Excursions $ 707,429 $ 0 Facility Renovations $ 0 $ 0 Total $ 34,345,573 $ 0 C. Budget Unit: Agency for the Removal of Hazardous Materials $ 125,000 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 $ 125,000 Section 12. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 34,954,203 State Operations Budget: Personal Services $ 30,023,368 Regular Operating Expenses $ 3,533,483 Travel $ 876,524 Motor Vehicle Purchases $ 480,842 Equipment $ 210,000 Computer Charges $ 463,294 Real Estate Rentals $ 851,763 Telecommunications $ 401,619 Per Diem, Fees and Contracts $ 316,871 Market Bulletin Postage $ 650,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,285,105 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 2,000,737 Veterinary Fees $ 547,000 Indemnities $ 91,000 Bee Indemnities $ 60,000 Advertising Contract $ 205,000 Payments to Georgia Agrirama Development Authority for Operations $ 565,132 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 200,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Poultry Indemnities $ 100,000 Total Funds Budgeted $ 43,971,738 State Funds Budgeted $ 34,954,203 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,582,984 $ 4,233,984 Animal Industry $ 7,123,781 $ 6,749,781 Marketing $ 1,880,905 $ 1,843,651 General Field Forces $ 3,855,078 $ 3,855,078 Internal Administration $ 4,722,004 $ 4,651,341 Information and Education $ 1,494,076 $ 1,494,076 Fuel and Measures $ 3,024,489 $ 3,010,589 Consumer Protection Field Forces $ 6,425,341 $ 4,962,024 Meat Inspection $ 4,029,485 $ 1,393,055 Major Markets $ 4,326,964 $ 832,749 Seed Technology $ 399,160 $ 4,404 Entomology and Pesticides $ 2,107,471 $ 1,923,471 Total $ 43,971,738 $ 34,954,203 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 595,229 Regular Operating Expenses $ 141,420 Travel $ 7,250 Motor Vehicle Purchases $ 0 Equipment $ 7,611 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 32,000 Capital Outlay $ 76,000 Goods for Resale $ 120,000 Total Funds Budgeted $ 988,510 State Funds Budgeted $ 0 Section 13. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 6,150,380 Administration and Examination Budget: Personal Services $ 5,265,880 Regular Operating Expenses $ 233,000 Travel $ 290,000 Motor Vehicle Purchases $ 13,500 Equipment $ 17,000 Computer Charges $ 80,000 Real Estate Rentals $ 196,000 Telecommunications $ 53,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 6,150,380 State Funds Budgeted $ 6,150,380 Section 14. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 21,744,071 State Operations Budget: Personal Services $ 5,714,669 Regular Operating Expenses $ 295,943 Travel $ 198,155 Motor Vehicle Purchases $ 0 Equipment $ 27,410 Computer Charges $ 210,495 Real Estate Rentals $ 467,662 Telecommunications $ 74,660 Per Diem, Fees and Contracts $ 133,020 Capital Felony Expenses $ 50,000 Contracts with Area Planning and Development Commissions $ 2,625,000 Local Assistance Grants $ 5,813,402 Appalachian Regional Commission Assessment $ 114,673 Community Development Block Grants (Federal) $ 30,000,000 Juvenile Justice Grants (Federal) $ 0 Grant - Herty Foundation $ 4,200,000 Local Development Fund $ 1,650,000 Payment to Georgia Residential Finance Authority $ 1,200,000 Payment to Georgia Environmental Facilities Authority for Operations $ 406,515 Total Funds Budgeted $ 53,181,604 State Funds Budgeted $ 21,744,071 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 15,381,010 $ 15,358,510 Technical Assistance $ 1,545,137 $ 1,326,325 Community and Economic Development $ 33,998,391 $ 2,975,795 Intergovernmental Assistance $ 1,162,036 $ 988,411 Office of Rural Development $ 320,030 $ 320,030 Planning Division $ 775,000 $ 775,000 Total $ 53,181,604 $ 21,744,071 Section 15. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $461,867,871 Personal Services $253,785,419 Regular Operating Expenses $ 31,011,124 Travel $ 1,376,304 Motor Vehicle Purchases $ 1,742,000 Equipment $ 5,814,044 Computer Charges $ 892,000 Real Estate Rentals $ 3,083,000 Telecommunications $ 2,438,358 Per Diem, Fees and Contracts $ 1,690,152 Capital Outlay $116,029,450 Utilities $ 9,701,515 Court Costs $ 350,000 County Subsidy $ 12,454,000 County Subsidy for Jails $ 6,775,000 County Workcamp Construction Grants $ 0 Grants for Local Jails $ 200,000 Central Repair Fund $ 750,000 Payments to Central State Hospital for Meals $ 3,262,000 Payments to Central State Hospital for Utilities $ 1,258,000 Payments to Public Safety for Meals $ 350,000 Inmate Release Fund $ 1,125,000 Health Services Purchases $ 15,548,832 Payments to MAG for Health Care Certification $ 50,000 University of Georgia - Cooperative Extension Service Contracts $ 304,000 Minor Construction Fund $ 0 Authority Lease Rentals $ 200,000 Total Funds Budgeted $ 470,190,198 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 461,867,871 Departmental Functional Budgets Total Funds State Funds Administration $ 155,475,171 $ 154,976,668 Institutions and Support $ 249,324,417 $ 247,817,417 Probation $ 65,390,610 $ 59,073,786 Total $ 470,190,198 $ 461,867,871 B. Budget Unit: Board of Pardons and Paroles $ 29,194,193 Board of Pardons and Paroles Budget: Personal Services $ 22,203,076 Regular Operating Expenses $ 751,275 Travel $ 723,060 Motor Vehicle Purchases $ 230,000 Equipment $ 348,079 Computer Charges $ 540,159 Real Estate Rentals $ 1,464,400 Telecommunications $ 860,306 Per Diem, Fees and Contracts $ 1,160,938 County Jail Subsidy $ 912,900 Total Funds Budgeted $ 29,194,193 State Funds Budgeted $ 29,194,193 Section 16. Department of Defense . Budget Unit: Department of Defense $ 5,622,287 Operations Budget: Personal Services $ 8,374,512 Regular Operating Expenses $ 4,212,153 Travel $ 77,604 Motor Vehicle Purchases $ 41,500 Equipment $ 57,525 Computer Charges $ 22,155 Real Estate Rentals $ 5,760 Telecommunications $ 154,276 Per Diem, Fees and Contracts $ 196,500 Grants to Locals - Emergency Management Assistance $ 1,044,200 Grants - Others $ 51,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 1,182,133 Grants to Armories $ 66,315 Repairs and Renovations $ 180,000 Total Funds Budgeted $ 15,725,633 State Funds Budgeted $ 5,622,287 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,393,490 $ 1,314,373 Georgia Emergency Management Agency $ 3,236,604 $ 1,026,912 Georgia Air National Guard $ 3,764,149 $ 534,991 Georgia Army National Guard $ 7,331,390 $ 2,746,011 Total $ 15,725,633 $ 5,622,287 Section 17. State Board of Education - Department of Education . Budget Unit: Department of Education $ 2,734,805,903 Operations: Personal Services $ 41,941,985 Regular Operating Expenses $ 4,711,221 Travel $ 1,721,493 Motor Vehicle Purchases $ 91,783 Equipment $ 538,416 Computer Charges $ 11,391,805 Real Estate Rentals $ 2,411,867 Telecommunications $ 796,133 Per Diem, Fees and Contracts $ 21,609,874 Utilities $ 870,888 Capital Outlay $ 317,000 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 696,795,169 Grades 4 - 8 $ 570,677,770 Grades 9 - 12 $ 275,535,441 High School Laboratories $ 84,426,366 Vocational Education Laboratories $ 88,409,045 Special Education $ 199,141,724 Gifted $ 23,425,300 Remedial Education $ 48,280,248 Staff Development $ 7,067,368 Professional Development $ 18,590,998 Media $ 94,603,605 Indirect Cost $ 506,118,633 Pupil Transportation $ 111,276,321 Isolated Schools $ 0 Local Fair Share $ (479,520,239) Other Categorical Grants: Equalization Formula $ 131,572,698 Sparsity Grants $ 3,577,440 In School Suspension $ 8,950,000 Special Instructional Assistance $ 20,680,000 Middle School Incentive $ 15,849,036 Special Education Low - Incidence Grants $ 100,000 Non-QBE Grants: Education of Children of Low-Income Families $ 94,501,492 Retirement (H.B. 272 and H.B. 1321) $ 2,100,000 Instructional Services for the Handicapped $ 23,177,937 Removal of Architectural Barriers $ 888,439 Tuition for the Multi-Handicapped $ 1,975,000 Severely Emotionally Disturbed $ 31,902,269 School Lunch (Federal) $ 113,396,789 School Lunch (State) $ 24,003,046 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 6,575,151 Regional Education Service Agencies $ 6,219,983 Georgia Learning Resources System $ 2,340,757 High School Program $ 14,516,787 Special Education in State Institutions $ 3,473,560 Governor's Scholarships $ 1,066,000 Special Projects $ 360,000 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 366,540 Salaries and Travel of Public Librarians $ 9,359,269 Public Library Materials $ 4,556,416 Talking Book Centers $ 816,645 Public Library M O $ 3,763,992 Grants to Local School Systems for Educational Purposes $ 0 Child Care Lunch Program (Federal) $ 16,787,825 Chapter II - Block Grant Flow Through $ 10,026,258 Payment of Federal Funds to Postsecondary Vocational Education $ 11,701,897 Innovative Programs $ 2,453,089 Technology Grants $ 850,000 Limited English - Speaking Students Program $ 3,360,000 Drug Free School (Federal) $ 2,700,000 Transistion Program for Refugees $ 100,000 Emergency Immigrant Education Program $ 100,000 Title II Math/Science Grant (Federal) $ 345,900 Robert C. Byrd Scholarship (Federal) $ 154,000 Public School Construction $ 14,700,000 Local School Construction $ 115,112,826 Total Funds Budgeted $3,038,795,935 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $2,734,805,903 Education Functional Budgets Total Funds State Funds State Administration $ 3,971,390 $ 3,690,455 Instructional Programs $ 16,217,817 $ 9,042,374 Governor's Honors Program $ 1,199,359 $ 1,159,366 Administrative Services $ 23,536,504 $ 18,978,229 Evaluation and Personnel Development $ 19,396,753 $ 19,008,406 Special Services $ 4,396,724 $ 3,044,289 Professional Standards Commission $ 287,980 $ 287,980 Professional Practices Commission $ 566,251 $ 566,251 Local Programs $2,952,393,470 $2,663,095,282 Georgia Academy for the Blind $ 4,617,482 $ 4,406,864 Georgia School for the Deaf $ 7,429,765 $ 7,153,424 Atlanta Area School for the Deaf $ 4,782,440 $ 4,372,983 Total $3,038,795,935 $2,734,805,903 Section 18. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 1,009,552 Regular Operating Expenses $ 125,000 Travel $ 8,000 Motor Vehicle Purchases $ 0 Equipment $ 7,000 Computer Charges $ 289,000 Real Estate Rentals $ 124,000 Telecommunications $ 32,000 Per Diem, Fees and Contracts $ 718,000 Benefits to Retirees $ 0 Employer Contribution $ 0 Total Funds Budgeted $ 2,312,552 State Funds Budgeted $ 0 Section 19. Forestry Commission . Budget Unit: Forestry Commission $ 36,654,112 State Operations Budget: Personal Services $ 28,629,449 Regular Operating Expenses $ 6,922,549 Travel $ 144,520 Motor Vehicle Purchases $ 1,228,810 Equipment $ 2,860,173 Computer Charges $ 154,806 Real Estate Rentals $ 39,174 Telecommunications $ 842,267 Per Diem, Fees and Contracts $ 478,764 Contractual Research $ 310,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 0 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Wood Energy Program $ 30,500 Capital Outlay $ 551,000 Total Funds Budgeted $ 42,282,012 State Funds Budgeted $ 36,654,112 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 5,225,074 $ 2,040,034 Field Services $ 34,644,193 $ 32,230,256 Wood Energy $ 32,088 $ 32,088 General Administration and Support $ 2,380,657 $ 2,351,734 Total $ 42,282,012 $ 36,654,112 Section 20. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 33,935,615 Operations Budget: Personal Services $ 24,221,001 Regular Operating Expenses $ 2,509,438 Travel $ 646,760 Motor Vehicle Purchases $ 529,650 Equipment $ 695,768 Computer Charges $ 1,004,000 Real Estate Rentals $ 1,785,200 Telecommunications $ 1,955,798 Per Diem, Fees and Contracts $ 43,000 Evidence Purchased $ 500,000 Capital Outlay $ 45,000 Total Funds Budgeted $ 33,935,615 Total State Funds Budgeted $ 33,935,615 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,011,417 $ 3,011,417 Drug Enforcement $ 6,660,871 $ 6,660,871 Investigative $ 10,691,312 $ 10,691,312 Georgia Crime Information Center $ 6,871,329 $ 6,871,329 Forensic Sciences $ 6,700,686 $ 6,700,686 Total $ 33,935,615 $ 33,935,615 Section 21. Office of the Governor . Budget Unit: Office of the Governor $ 21,918,397 Personal Services $ 9,458,962 Regular Operating Expenses $ 476,338 Travel $ 185,775 Motor Vehicle Purchases $ 0 Equipment $ 55,834 Computer Charges $ 148,637 Real Estate Rentals $ 648,661 Telecommunications $ 210,395 Per Diem, Fees and Contracts $ 32,017,776 Cost of Operations $ 2,869,258 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,150,000 Intern Stipends and Travel $ 162,000 Art Grants of State Funds $ 2,850,000 Art Grants of Non-State Funds $ 331,600 Humanities Grant - State Funds $ 50,000 Art Acquisitions - State Funds $ 40,000 Children's Trust Fund Grants $ 900,000 Children and Youth Grants $ 100,000 Juvenile Justice Grants $ 1,262,925 Payments to Hazardous Waste Management Authority $ 1,125,000 Total Funds Budgeted $ 56,083,161 State Funds Budgeted $ 21,918,397 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,221,258 $ 6,221,258 Office of Fair Employment Practices $ 856,494 $ 779,840 Office of Planning and Budget $ 5,764,205 $ 5,764,205 Council for the Arts $ 3,936,074 $ 3,417,010 Office of Consumer Affairs $ 2,144,435 $ 2,144,435 State Energy Office $ 32,405,666 $ 326,982 Vocational Education Advisory Council $ 341,005 $ 151,445 Office of Consumers' Utility Council $ 650,834 $ 650,834 Criminal Justice Coordinating Council $ 714,486 $ 460,607 Juvenile Justice Coordinating Council $ 1,519,390 $ 472,467 Commission on Children and Youth $ 1,406,176 $ 1,406,176 Growth Strategies Commission $ 0 $ 0 Human Relations Commission $ 123,138 $ 123,138 Total $ 56,083,161 $ 21,918,397 Section 22. Department of Human Resources . A. Budget Unit: Departmental Operations $ 467,647,355 1. General Administration and Support Budget: Personal Services $ 57,457,301 Regular Operating Expenses $ 3,183,195 Travel $ 1,508,450 Motor Vehicle Purchases $ 0 Equipment $ 225,565 Computer Charges $ 2,391,243 Real Estate Rentals $ 5,136,644 Telecommunications $ 1,115,706 Per Diem, Fees and Contracts $ 2,568,280 Utilities $ 329,440 Postage $ 1,221,961 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 116,700 Payments to DMA - Community Care $ 8,893,100 Service Benefits for Children $ 12,696,000 Special Purpose Contracts $ 258,000 Purchase of Service Contracts $ 36,039,845 Total Funds Budgeted $ 133,141,430 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 62,795,275 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 798,516 $ 798,516 Administrative Appeals $ 1,850,632 $ 1,448,627 Administrative Policy, Coordination, and Direction $ 339,894 $ 339,894 Personnel $ 1,814,565 $ 1,768,548 Indirect Cost $ 0 $ (5,733,440) Facilities Management $ 5,105,154 $ 3,573,459 Public Affairs $ 575,196 $ 575,196 Community/Intergovernmental Affairs $ 652,178 $ 652,178 Budget Administration $ 1,711,377 $ 1,711,377 Financial Services $ 5,410,215 $ 5,210,215 Auditing Services $ 2,104,445 $ 2,104,445 Special Projects $ 524,000 $ 524,000 Office of Children and Youth $ 12,696,000 $ 12,103,358 Planning Councils $ 501,971 $ 148,760 Community Services Block Grant $ 9,103,127 $ 0 Regulatory Services - Program Direction and Support $ 840,900 $ 763,499 Child Care Licensing $ 2,577,137 $ 2,567,137 Laboratory Improvement $ 849,656 $ 508,661 Health Care Facilities Regulation $ 4,116,392 $ 1,172,768 Compliance Monitoring $ 429,985 $ 429,985 Radiological Health $ 858,741 $ 640,993 Fraud and Abuse $ 5,828,796 $ 347,921 Child Support Recovery $ 22,735,888 $ 3,353,316 Support Services $ 11,188,901 $ 10,976,301 Aging Services $ 39,172,616 $ 15,504,413 State Health Planning and Development Agency $ 1,355,148 $ 1,305,148 Total $ 133,141,430 $ 62,795,275 2. Public Health Budget: Personal Services $ 49,198,982 Regular Operating Expenses $ 54,443,526 Travel $ 1,248,065 Motor Vehicle Purchases $ 0 Equipment $ 498,638 Computer Charges $ 670,832 Real Estate Rentals $ 953,460 Telecommunications $ 722,305 Per Diem, Fees and Contracts $ 3,543,066 Utilities $ 0 Postage $ 111,851 Crippled Children Clinics $ 624,000 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 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,766,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 2,291,549 Family Planning Benefits $ 518,060 Grant-In-Aid to Counties $ 69,668,594 Purchase of Service Contracts $ 12,068,888 Special Purpose Contracts $ 6,400,500 Total Funds Budgeted $ 220,576,804 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 130,169,428 Public Health Functional Budgets Total Funds State Funds Director's Office $ 825,066 $ 627,841 Employees' Health $ 375,618 $ 315,618 Health Program Management $ 1,285,279 $ 1,200,279 Vital Records $ 1,910,278 $ 1,769,375 Health Services Research $ 843,469 $ 620,651 Primary Health Care $ 815,213 $ 749,280 Stroke and Heart Attack Prevention $ 2,063,911 $ 1,533,911 Epidemiology $ 1,960,870 $ 929,807 Immunization $ 599,292 $ 0 Sexually Transmitted Diseases $ 1,567,444 $ 301,361 Community Tuberculosis Center $ 1,551,844 $ 1,551,844 Family Health Management $ 11,415,347 $ 5,453,703 Infant and Child Health $ 10,468,423 $ 9,301,513 Maternal Health - Perinatal $ 3,065,463 $ 1,053,587 Family Planning $ 11,050,585 $ 6,222,745 Malnutrition $ 56,013,163 $ 0 Dental Health $ 1,790,881 $ 1,580,706 Children's Medical Services $ 12,163,487 $ 9,929,425 Chronic Disease $ 1,461,024 $ 1,461,024 Diabetes $ 695,708 $ 695,708 Cancer Control $ 4,027,278 $ 3,965,876 Environmental Health $ 988,380 $ 499,608 Laboratory Services $ 5,520,492 $ 5,400,492 Emergency Health $ 2,983,409 $ 1,922,909 District Health Administration $ 10,559,299 $ 10,429,624 Newborn Follow-Up Care $ 936,370 $ 746,105 Sickle Cell, Vision and Hearing $ 3,631,843 $ 3,141,843 High-Risk Pregnant Women and Infants $ 4,460,868 $ 4,460,868 Grant in Aid to Counties $ 57,114,862 $ 50,411,038 Community Health Management $ 530,848 $ 425,563 Community Care $ 3,059,110 $ 1,214,463 Aids $ 4,841,680 $ 2,252,661 Total $ 220,576,804 $ 130,169,428 3. Rehabilitation Services Budget: Personal Services $ 66,023,250 Regular Operating Expenses $ 9,857,613 Travel $ 806,163 Motor Vehicle Purchases $ 119,000 Equipment $ 367,573 Computer Charges $ 1,728,383 Real Estate Rentals $ 2,922,171 Telecommunications $ 1,430,350 Per Diem, Fees and Contracts $ 4,460,877 Utilities $ 977,500 Capital Outlay $ 0 Postage $ 427,050 Institutional Repairs and Maintenance $ 242,500 Case Services $ 16,157,000 E.S.R.P. Case Services $ 52,000 Special Purpose Contracts $ 609,000 Purchase of Services Contracts $ 7,302,585 Total Funds Budgeted $ 113,483,015 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,949,076 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,948,767 $ 1,627,090 Grants Management $ 697,128 $ 552,125 State Rehabilitation Facilities $ 8,175,210 $ 1,763,439 Roosevelt Warm Springs Institute $ 18,219,762 $ 4,827,754 Georgia Factory for the Blind $ 13,137,741 $ 645,179 Disability Adjudication $ 24,032,018 $ 0 Production Workshop $ 854,410 $ 0 District Field Services $ 35,889,838 $ 7,955,029 Independent Living $ 513,031 $ 308,031 Sheltered Employment $ 1,567,425 $ 822,744 Community Facilities $ 6,027,535 $ 6,027,535 Bobby Dodd Workshop $ 420,150 $ 420,150 Total $ 113,483,015 $ 24,949,076 4. Family and Children Services Budget: Personal Services $ 14,978,953 Regular Operating Expenses $ 1,518,649 Travel $ 401,244 Motor Vehicle Purchases $ 0 Equipment $ 147,916 Computer Charges $ 16,111,654 Real Estate Rentals $ 226,365 Telecommunications $ 1,156,500 Per Diem, Fees and Contracts $ 5,300,480 Utilities $ 9,100 Postage $ 1,461,435 Cash Benefits $292,654,362 Grants to County DFACS - Operations $200,700,805 Service Benefits for Children $ 47,192,489 Special Purpose Contracts $ 3,532,000 Purchase of Service Contracts $ 2,260,000 Total Funds Budgeted $587,651,952 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $249,733,576 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,329,923 $ 0 AFDC Payments $ 282,127,339 $ 106,471,676 SSI - Supplemental Benefits $ 100 $ 100 Energy Benefits $ 10,051,000 $ 0 County DFACS Operations - Social Services $ 55,487,205 $ 10,483,607 County DFACS Operations - Eligibility $ 87,287,195 $ 43,571,061 County DFACS Operations - Joint and Administration $ 48,458,939 $ 23,305,900 County DFACS Operations - Homemakers Services $ 6,991,195 $ 6,991,195 Food Stamp Issuance $ 2,425,000 $ 0 Director's Office $ 886,211 $ 886,211 Administrative Support $ 4,460,205 $ 3,760,112 Regional Administration $ 4,085,142 $ 4,085,142 Public Assistance $ 4,671,295 $ 2,224,915 Management Information Systems $ 18,930,426 $ 7,071,489 Social Services $ 2,529,235 $ 2,529,915 Indirect Cost $0 $ (6,658,248) Employability Benefits $ 2,318,389 $ 1,908,631 Legal Services $ 2,000,000 $ 2,000,000 Family Foster Care $ 19,986,700 $ 13,361,111 Institutional Foster Care $ 2,877,500 $ 2,363,073 Specialized Foster Care $ 791,500 $ 619,059 Adoption Supplement $ 3,319,700 $ 2,394,758 Day Care $ 18,365,300 $ 15,865,300 Home Management - Contracts $ 158,000 $ 158,000 Outreach - Contracts $ 776,500 $ 776,500 Special Projects $ 1,231,500 $ 1,203,431 Program Support $ 3,495,182 $ 3,030,182 County DFACS Operations - Employability Program $ 2,611,271 $ 1,331,136 Total $ 587,651,952 $ 249,733,576 Budget Unit Object Classes : Personal Services $ 187,658,486 Regular Operating Expenses $ 69,002,983 Travel $ 3,963,922 Motor Vehicle Purchases $ 119,000 Equipment $ 1,239,692 Computer Charges $ 20,902,112 Real Estate Rentals $ 9,238,640 Telecommunications $ 4,424,861 Per Diem, Fees and Contracts $ 15,872,703 Utilities $ 1,316,040 Postage $ 3,222,297 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 $ 624,000 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,766,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 2,291,549 Family Planning Benefits $ 518,060 Grant-In-Aid to Counties $ 69,668,594 Payments to DMA-Community Care $ 8,893,100 Service Benefits for Children $ 59,888,489 Case Services $ 16,157,000 E.S.R.P. Case Services $ 52,000 Cash Benefits $ 292,654,362 Grants for County DFACS - Operations $ 200,700,805 Institutional Repairs and Maintenance $ 359,200 Special Purpose Contracts $ 10,799,500 Purchase of Service Contracts $ 57,671,318 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 509,387,039 Departmental Operations: Personal Services $ 387,224,175 Regular Operating Expenses $ 34,683,017 Travel $ 1,067,360 Motor Vehicle Purchases $ 574,700 Equipment $ 3,532,035 Computer Charges $ 4,793,811 Real Estate Rentals $ 869,400 Telecommunications $ 3,015,949 Per Diem, Fees and Contracts $ 5,922,070 Utilities $ 13,668,100 Capital Outlay $ 8,967,300 Authority Lease Rentals $ 2,451,904 Institutional Repairs and Maintenance $ 7,135,700 Grants to County-Owned Detention Centers $ 2,222,850 Substance Abuse Community Services $ 35,239,156 Mental Retardation Community Services $ 88,358,941 Mental Health Community Services $ 14,251,954 Community Mental Health Center Services $ 52,226,910 Special Purpose Contract $ 1,424,600 Service Benefits for Children $ 2,361,385 Purchase of Service Contracts $ 597,000 Total Funds Budgeted $ 670,588,317 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 509,387,039 Community Mental Health/Mental Retardation , Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 38,527,078 $ 26,223,656 Georgia Retardation Center $ 32,559,378 $ 16,647,212 Georgia Mental Health Institute $ 28,519,856 $ 25,835,779 Georgia Regional Hospital at Augusta $ 22,777,474 $ 19,044,699 Northwest Regional Hospital at Rome $ 31,556,318 $ 24,723,505 Georgia Regional Hospital at Atlanta $ 29,953,272 $ 24,172,612 Central State Hospital $ 133,210,314 $ 90,608,836 Georgia Regional Hospital at Savannah $ 24,263,551 $ 21,247,000 Gracewood State School and Hospital $ 46,204,793 $ 25,753,693 West Central Georgia Regional Hospital $ 22,543,299 $ 17,775,374 Outdoor Therapeutic Program $ 3,245,186 $ 3,090,186 Mental Health Community Assistance $ 9,203,569 $ 9,112,449 Mental Retardation Community Assistance $ 3,542,186 $ 2,597,832 Day Care Centers for Mentally Retarded $ 67,818,895 $ 40,082,895 Supportive Living $ 13,921,354 $ 13,158,431 Georgia State Foster Grandparents/Senior Companion Program $ 618,786 $ 604,540 Project Rescue $ 447,950 $ 447,950 Drug Abuse Contracts $ 1,211,035 $ 1,211,035 Community Mental Health Center Services $ 52,226,910 $ 42,049,561 Project ARC $ 383,300 $ 383,300 Metro Drug Abuse Centers $ 1,721,751 $ 1,467,651 Group Homes for Autistic Children $ 291,930 $ 291,930 Project Friendship $ 330,600 $ 330,600 Community Mental Retardation Staff $ 3,495,173 $ 3,495,173 Community Mental Retardation Residential Services $ 15,578,793 $ 15,578,793 Contract with Clayton County Board of Education for Autistic Children $ 76,900 $ 76,900 MH/MR/SA Administration $ 9,572,615 $ 7,763,196 Regional Youth Development Centers $ 21,506,317 $ 21,092,317 Milledgeville State YDC $ 14,178,605 $ 13,809,505 Augusta State YDC $ 8,902,874 $ 8,831,174 Atlanta State YDC $ 4,015,954 $ 3,898,054 Macon State YDC $ 3,838,440 $ 3,737,340 Court Services $ 12,642,908 $ 12,642,908 Community Treatment Centers $ 2,782,795 $ 2,782,795 Day Centers $ 959,601 $ 959,601 Group Homes $ 678,808 $ 678,808 Purchased Services $ 3,823,534 $ 3,723,534 Runaway Investigation/Interstate Compact $ 697,861 $ 697,861 Assessment and Classification $ 412,034 $ 412,034 Youth Services Administration $ 2,346,320 $ 2,346,320 Total $ 670,588,317 $ 509,387,039 Section 23. Department of Industry and Trade . Budget Unit: Department of Industry and Trade $ 18,928,581 State Operations Budget: Personal Services $ 7,521,714 Regular Operating Expenses $ 1,683,941 Travel $ 349,445 Motor Vehicle Purchases $ 34,880 Equipment $ 72,287 Computer Charges $ 134,342 Real Estate Rentals $ 635,968 Telecommunications $ 252,450 Per Diem, Fees and Contracts $ 297,370 Local Welcome Center Contracts $ 245,000 Advertising and Cooperative Advertising $ 5,651,184 Georgia Ports Authority Authority Lease Rentals $ 2,745,000 Historic Chattahoochee Commission Contract $ 90,000 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 $ 100,000 Contract - Georgia Association of Broadcasters $ 53,000 Southern Center for International Studies $ 25,000 Music Hall of Fame $ 50,000 Capital Outlay $ 0 Total Funds Budgeted $ 20,051,581 State Funds Budgeted $ 18,928,581 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 6,716,463 $ 5,906,463 Economic Development $ 5,084,655 $ 4,911,655 Tourism $ 8,250,463 $ 8,110,463 Total $ 20,051,581 $ 18,928,581 Section 24. Department of Insurance . Budget Unit: Department of Insurance $ 13,231,258 Operations Budget: Personal Services $ 11,365,135 Regular Operating Expenses $ 567,900 Travel $ 892,528 Motor Vehicle Purchases $ 139,900 Equipment $ 124,889 Computer Charges $ 425,900 Real Estate Rentals $ 515,100 Telecommunications $ 215,800 Per Diem, Fees and Contracts $ 50,500 Total Funds Budgeted $ 14,297,652 State Funds Budgeted $ 13,231,258 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 2,038,161 $ 2,038,161 Insurance Regulation $ 6,545,218 $ 6,415,218 Industrial Loans Regulation $ 601,266 $ 601,266 Fire Safety and Mobile Home Regulations $ 5,113,007 $ 4,176,613 Total $ 14,297,652 $ 13,231,258 Section 25. Department of Labor . Budget Unit: Department of Labor $ 6,500,787 State Operations: Personal Services $ 61,099,018 Regular Operating Expenses $ 6,455,700 Travel $ 830,400 Motor Vehicle Purchases $ 0 Equipment $ 450,109 Computer Charges $ 3,540,150 Real Estate Rentals $ 1,305,727 Telecommunications $ 1,423,695 Per Diem, Fees and Contracts (JTPA) $ 63,102,011 Per Diem, Fees and Contracts $ 889,999 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,078 Capital Outlay $ 3,522,478 Total Funds Budgeted $ 144,393,365 State Funds Budgeted $ 6,500,787 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 8,006,311 $ 261,954 Administrative Services $ 16,675,514 $ 1,480,069 Employment and Training Services $ 119,711,540 $ 4,758,764 Total $ 144,393,365 $ 6,500,787 Section 26. Department of Law . Budget Unit: Department of Law $ 8,513,322 Attorney General's Office Budget: Personal Services $ 7,651,249 Regular Operating Expenses $ 414,072 Travel $ 132,000 Motor Vehicle Purchases $ 0 Equipment $ 31,680 Computer Charges $ 203,321 Real Estate Rentals $ 413,900 Telecommunications $ 88,000 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 110,000 Total Funds Budgeted $ 9,104,222 State Funds Budgeted $ 8,513,322 Section 27. Department of Medical Assistance . Budget Unit: Medicaid Services $ 557,780,455 Departmental Operations Budget: Personal Services $ 12,589,300 Regular Operating Expenses $ 498,086 Travel $ 190,500 Motor Vehicle Purchases $ 0 Equipment $ 61,727 Computer Charges $ 12,528,544 Real Estate Rentals $ 935,973 Telecommunications $ 392,900 Per Diem, Fees and Contracts $ 19,869,556 Medicaid Benefits, Penalties and Disallowances $ 1,528,056,917 Payments to Counties for Mental Health $ 29,684,864 Audit Contracts $ 772,500 SFY 1988 Benefits $ 5,304,460 Total Funds Budgeted $ 1,610,885,327 State Funds Budgeted $ 557,780,455 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 1,278,979 $ 552,648 Program Management $ 24,710,746 $ 3,684,465 Systems Management $ 15,007,112 $ 4,144,643 Administration $ 2,576,099 $ 432,300 Program Integrity $ 4,266,150 $ 1,704,446 Benefits, Penalties and Disallowances $ 1,563,046,241 $ 547,261,953 Total $ 1,610,885,327 $ 557,780,455 Section 28. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 26,093,000 Departmental Operations Budget: Personal Services $ 7,238,690 Regular Operating Expenses $ 1,025,088 Travel $ 71,000 Equipment $ 55,470 Computer Charges $ 2,845,767 Real Estate Rentals $ 754,119 Telecommunications $ 127,000 Per Diem, Fees and Contracts $ 42,006,835 Health Insurance Payments $ 508,151,513 Total Funds Budgeted $ 562,275,482 Agency Assessments $ 9,289,549 Employee and Employer Contributions $ 526,819,189 Deferred Compensation $ 73,744 State Funds $ 26,093,000 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,509,632 $ 0 Classification and Compensation $ 1,130,788 $ 0 Flexible Benefits $ 1,206,597 $ 0 Employee Training and Development $ 1,294,553 $ 0 Health Insurance Administration $ 13,397,867 $ 0 Health Insurance Claims $ 539,225,328 $ 26,093,000 Internal Administration $ 1,970,725 $ 0 Commissioner's Office $ 1,539,992 $ 0 Total $ 562,275,482 $ 26,093,000 Section 29. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 86,003,332 Operations Budget: Personal Services $ 56,841,523 Regular Operating Expenses $ 10,911,440 Travel $ 497,390 Motor Vehicle Purchases $ 1,521,566 Equipment $ 1,688,247 Computer Charges $ 784,603 Real Estate Rentals $ 1,687,930 Telecommunications $ 1,089,755 Per Diem, Fees and Contracts $ 1,704,190 Land and Water Conservation Grants $ 900,000 Recreation Grants $ 1,233,000 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 $ 2,029,000 Capital Outlay - Shop Stock - Parks $ 350,000 Capital Outlay-Heritage Trust $ 225,000 Authority Lease Rentals $ 1,100,000 Cost of Material for Resale $ 2,210,000 Payments to Lake Lanier Islands Development Authority $ 0 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 $ 1,848,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 751,744 Technical Assistance Contract $ 125,000 Capital Outlay $ 8,375,000 Contract - Georgia Rural Water Association $ 10,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 200,000 Advertising and Promotion $ 150,000 Payments to Georgia Agricultural Exposition Authority $ 2,152,100 Historic Preservation Grant $ 275,000 Environmental Facilities Grant $ 7,500,000 Georgia Boxing Commission $ 7,000 Lanier Regional Committee $ 13,000 Paving at State Parks and Historic Sites $ 500,000 Grant - Chehaw Park Authority $ 250,000 Grant - Zoo Atlanta $ 250,000 Total Funds Budgeted $ 108,366,488 Receipts from Jekyll Island State Park Authority $ 314,594 Receipts from Stone Mountain Memorial Association $ 315,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 86,003,332 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 14,181,693 $ 13,552,099 Game and Fish $ 27,704,112 $ 24,011,726 Parks, Recreation and Historic Sites $ 37,778,448 $ 23,410,356 Environmental Protection $ 26,977,198 $ 23,389,114 Coastal Resources $ 1,725,037 $ 1,640,037 Total $ 108,366,488 $ 86,003,332 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Operations Budget: Personal Services $ 838,059 Regular Operating Expenses $ 677,552 Travel $ 25,000 Motor Vehicle Purchases $ 77,900 Equipment $ 295,280 Computer Charges $ 5,814 Real Estate Rentals $ 2,400 Telecommunications $ 9,600 Per Diem, Fees and Contracts $ 220,495 Capital Outlay $ 0 Total Funds Budgeted $ 2,152,100 State Funds Budgeted $ 0 Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 2,152,100 $ 0 Section 30. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 78,154,637 Operations Budget: Personal Services $ 59,687,770 Regular Operating Expenses $ 8,859,459 Travel $ 167,250 Motor Vehicle Purchases $ 2,617,532 Equipment $ 943,481 Computer Charges $ 4,224,364 Real Estate Rentals $ 45,018 Telecommunications $ 1,311,813 Per Diem, Fees and Contracts $ 258,850 Conviction Reports $ 232,500 State Patrol Posts Repairs and Maintenance $ 200,000 Capital Outlay $ 275,000 Driver License Processing $ 981,600 Total Funds Budgeted $ 79,804,637 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 78,154,637 Public Safety Functional Budgets Total Funds State Funds Administration $ 16,177,813 $ 16,177,813 Driver Services $ 16,202,828 $ 14,552,828 Field Operations $ 47,423,996 $ 47,423,996 Total $ 79,804,637 $ 78,154,637 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,006,961 1. Attached Units Budget: Personal Services $ 6,928,399 Regular Operating Expenses $ 2,361,826 Travel $ 134,000 Motor Vehicle Purchases $ 61,870 Equipment $ 233,183 Computer Charges $ 363,312 Real Estate Rentals $ 92,687 Telecommunications $ 159,000 Per Diem, Fees and Contracts $ 1,049,800 Peace Officers Training Grants $ 2,672,323 Capital Outlay $ 100,000 Total Funds Budgeted $ 14,156,400 State Funds Budgeted $ 13,671,400 2. Office of Highway Safety Budget: Personal Services $ 440,551 Regular Operating Expenses $ 29,600 Travel $ 13,000 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 40,000 Real Estate Rentals $ 69,988 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 18,800 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,116,939 State Funds Budgeted $ 335,561 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,116,939 $ 335,561 Georgia Peace Officers Standards and Training $ 4,699,985 $ 4,699,985 Police Academy $ 939,682 $ 919,682 Fire Academy $ 1,262,519 $ 1,182,519 Georgia Firefighters Standards and Training Council $ 419,356 $ 419,356 Organized Crime Prevention Council $ 293,052 $ 293,052 Georgia Public Safety Training Facility $ 6,541,806 $ 6,156,806 Total $ 18,273,339 $ 14,006,961 Section 31. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 13,915,342 Departmental Operations Budget: Payments to Employees' Retirement System $ 291,342 Employer Contributions $ 13,624,000 Total Funds Budgeted $ 13,915,342 Total Funds Budgeted $ 13,915,342 Section 32. Public Service Commission . Budget Unit: Public Service Commission $ 7,840,796 Departmental Operations Budget: Personal Services $ 6,416,704 Regular Operating Expenses $ 401,012 Travel $ 247,660 Motor Vehicle Purchases $ 83,491 Equipment $ 163,148 Computer Charges $ 331,000 Real Estate Rentals $ 288,369 Telecommunications $ 115,752 Per Diem, Fees and Contracts $ 1,250,000 Total Funds Budgeted $ 9,297,136 State Funds Budgeted $ 7,840,796 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,596,231 $ 1,596,231 Transportation $ 3,080,945 $ 1,797,745 Utilities $ 4,619,960 $ 4,446,820 Total $ 9,297,136 $ 7,840,796 Section 33. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 759,827,630 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 770,863,522 Sponsored Operations $ 110,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 201,867,611 Sponsored Operations $ 125,000,000 Special Funding Initiative $ 14,000,000 Office of Minority Business Enterprise $ 346,605 Special Desegregation Programs $ 377,917 Forestry Research $ 300,000 Research Consortium $ 0 Eminent Scholars Program $ 0 Capital Outlay $ 21,925,000 Total Funds Budgeted $1,244,680,655 Departmental Income $ 29,000,000 Sponsored Income $ 235,000,000 Other Funds $ 217,825,725 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 759,827,630 B. Budget Unit: Regents Central Office and Other Organized Activities $ 143,184,352 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 187,212,287 Sponsored Operations $ 62,160,402 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 85,578,922 Sponsored Operations $ 29,260,707 Fire Ant and Environmental Toxicology Research $ 270,780 Agricultural Research $ 2,048,179 Advanced Technology Development Center $ 1,435,050 Capitation Contracts for Family Practice Residency $ 2,677,250 Residency Capitation Grants $ 2,556,660 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 714,637 SREB Payments $ 12,521,000 Medical Scholarships $ 839,750 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 818,346 CRT Inc. Contract at Georgia Tech Research Institute $ 211,000 Total Funds Budgeted $ 389,262,970 Departmental Income $ 0 Sponsored Income $ 91,421,109 Other Funds $ 154,101,809 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 143,184,352 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,867,811 $ 1,182,103 Skidaway Institute of Oceanography $ 3,581,555 $ 1,518,237 Marine Institute $ 1,527,038 $ 931,338 Georgia Tech Research Institute $ 111,446,413 $ 12,839,713 Education Extension Services $ 6,242,888 $ 2,260,088 Agricultural Experiment Station $ 50,227,473 $ 33,766,696 Cooperative Extension Service $ 48,512,267 $ 32,985,567 Eugene Talmadge Memorial Hospital $ 130,142,722 $ 28,117,195 Veterinary Medicine Experiment Station $ 2,953,426 $ 2,953,426 Veterinary Medicine Teaching Hospital $ 2,334,750 $ 501,750 Joint Board of Family Practice $ 5,767,380 $ 5,767,380 Georgia Radiation Therapy Center $ 1,947,105 $ 0 Athens and Tifton Veterinary Laboratories $ 2,413,747 $ 62,464 Regents Central Office $ 20,298,395 $ 20,298,395 Total $ 389,262,970 $ 143,184,352 C. Budget Unit: Georgia Public Telecommunications Commission $ 7,219,510 Public Telecommunications Commission Budget: Personal Services $ 5,415,229 Operating Expenses $ 6,351,258 Total Funds Budgeted $ 11,766,487 Other Funds $ 4,546,977 State Funds Budgeted $ 7,219,510 Section 34. Department of Revenue . Budget Unit: Department of Revenue $ 68,795,693 Operations Budget: Personal Services $ 45,682,432 Regular Operating Expenses $ 3,849,600 Travel $ 1,339,000 Motor Vehicle Purchases $ 168,100 Equipment $ 738,892 Computer Charges $ 7,964,608 Real Estate Rentals $ 2,676,452 Telecommunications $ 723,500 Per Diem, Fees and Contracts $ 290,050 County Tax Officials/Retirement and FICA $ 1,904,000 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 2,750,000 Postage $ 3,124,059 Total Funds Budgeted $ 72,640,693 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 68,795,693 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 4,608,891 $ 4,608,891 Internal Administration $ 9,914,741 $ 9,714,741 Electronic Data Processing $ 3,015,337 $ 2,797,337 Field Services $ 15,738,661 $ 15,438,661 Income Tax Unit $ 8,088,501 $ 7,131,501 Motor Vehicle Unit $ 15,259,023 $ 13,627,023 Central Audit Unit $ 6,414,501 $ 6,414,501 Property Tax Unit $ 4,454,581 $ 4,373,581 Sales Tax Unit $ 5,146,457 $ 4,689,457 Total $ 72,640,693 $ 68,795,693 Section 35. Secretary of State . Budget Unit: Secretary of State $ 21,712,634 Personal Services $ 14,413,296 Regular Operating Expenses $ 2,508,509 Travel $ 235,200 Motor Vehicle Purchases $ 146,403 Equipment $ 77,428 Computer Charges $ 725,147 Real Estate Rentals $ 2,242,319 Telecommunications $ 274,476 Per Diem, Fees and Contracts $ 589,856 Election Expenses $ 500,000 Total Funds Budgeted $ 21,712,634 State Funds Budgeted $ 21,712,634 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 2,985,387 $ 2,985,387 Archives and Records $ 4,949,975 $ 4,949,975 Business Services and Regulation $ 4,280,535 $ 4,280,535 Elections and Campaign Disclosure $ 1,171,608 $ 1,171,608 Drugs and Narcotics $ 942,873 $ 942,873 State Ethics Commission $ 184,258 $ 184,258 Occupational Certification $ 7,197,998 $ 7,197,998 Total $ 21,712,634 $ 21,712,634 Occupational Certification Functional Budgets Board Costs Cost of Operations S.B. of Accountancy $ 40,500 $ 216,474 S.B. of Architects $ 113,000 $ 251,417 S.B. of Athletic Trainers $ 800 $ 3,397 Georgia Auctioneers Commission $ 5,750 $ 48,597 S.B. of Barbers $ 23,380 $ 165,726 G.B. of Chiropractic Examiners $ 28,500 $ 122,250 State Construction Industry Licensing Board $ 122,500 $ 637,275 S.B. of Cosmetology $ 49,500 $ 896,635 G.B. of Dentistry $ 63,750 $ 306,785 G.B. of Examiners of Licensed Dieticians $ 10,000 $ 18,144 S.B. of Professional Engineers and Land Surveyors $ 88,300 $ 391,463 S.B. of Registration for Foresters $ 3,800 $ 29,406 S.B. of Funeral Services $ 26,000 $ 188,170 S.B. of Registration for Professional Geologists $ 6,800 $ 16,994 S.B. of Hearing Aid Dealers and Dispensers $ 8,500 $ 21,671 G.B. of Landscape Architects $ 21,600 $ 31,217 S.B. for the Certification of Librarians $ 3,965 $ 20,966 Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists $ 16,000 $ 113,073 Composite S.B. of Medical Examiners $ 115,000 $ 1,193,058 S.B. of Nursing Home Administrators $ 16,000 $ 41,555 G.B. of Nursing $ 79,000 $ 1,081,927 S.B. of Dispensing Opticians $ 10,500 $ 38,664 S.B. of Examiners in Optometry $ 20,000 $ 47,369 S.B. of Occupational Therapy $ 10,000 $ 18,900 S.B. of Pharmacy $ 84,500 $ 541,543 S.B. of Physical Therapy $ 17,000 $ 70,530 S.B. of Podiatry Examiners $ 7,500 $ 21,129 S.B. of Polygraph Examiners $ 7,000 $ 30,669 G.B. of Examiners of Licensed Practical Nurses $ 55,500 $ 592,702 G.B. of Private Detective and Security Agencies $ 15,000 $ 315,722 S.B. of Examiners of Psychologists $ 21,500 $ 59,859 S.B. of Recreation Examiners $ 8,500 $ 21,048 S.B. of Examiners for Speech Pathology and Audiology $ 7,500 $ 29,894 S.B. of Registration for Used Car Dealers $ 15,000 $ 203,990 S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers $ 13,850 $ 49,920 S.B. of Veterinary Medicine $ 45,000 $ 81,987 S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis $ 12,100 $ 182,652 Total $ 1,200,595 $ 8,114,358 B. Budget Unit: Real Estate Commission $ 1,552,017 Real Estate Commission Budget: Personal Services $ 882,298 Regular Operating Expenses $ 139,235 Travel $ 12,000 Motor Vehicle Purchases $ 16,734 Equipment $ 10,330 Computer Charges $ 234,920 Real Estate Rentals $ 108,500 Telecommunications $ 47,000 Per Diem, Fees and Contracts $ 101,000 Total Funds Budgeted $ 1,552,017 State Funds Budgeted $ 1,552,017 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,552,017 $ 1,592,017 Section 36. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 1,775,968 Soil and Water Conservation Budget: Personal Services $ 829,755 Regular Operating Expenses $ 119,206 Travel $ 55,000 Motor Vehicle Purchases $ 0 Equipment $ 11,516 Computer Charges $ 6,635 Real Estate Rentals $ 44,660 Telecommunications $ 15,500 Per Diem, Fees and Contracts $ 155,300 County Conservation Grants $ 538,396 Total Funds Budgeted $ 1,775,968 State Funds Budgeted $ 1,775,968 Section 37. Student Finance Commission . Budget Unit: Student Finance Commission $ 20,569,394 Administration Budget: Personal Services $ 3,975,904 Regular Operating Expenses $ 373,300 Travel $ 65,800 Motor Vehicle Purchases $ 0 Equipment $ 19,395 Computer Charges $ 285,000 Telecommunications $ 125,000 Per Diem, Fees and Contracts $ 17,500 Payment of Interest and Fees $ 381,625 Guaranteed Educational Loans $ 4,110,000 Tuition Equalization Grants $ 13,338,227 Student Incentive Grants $ 5,020,320 Law Enforcement Personnel Dependents' Grants $ 42,000 North Georgia College ROTC Grants $ 108,000 Osteopathic Medical Loans $ 200,000 Georgia Military Scholarship Grants $ 407,000 Paul Douglas Teacher Scholarship Loans $ 454,300 Total Funds Budgeted $ 28,923,371 State Funds Budgeted $ 20,569,394 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 4,861,899 $ 0 Higher Education Assistance Corporation $ 381,625 $ 381,625 Georgia Student Finance Authority $ 23,679,847 $ 20,187,769 Total $ 28,923,371 $ 20,569,394 Section 38. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,677,500 Departmental Operations Budget: Personal Services $ 2,774,839 Regular Operating Expenses $ 271,212 Travel $ 26,000 Equipment $ 14,275 Computer Charges $ 981,516 Real Estate Rentals $ 309,375 Telecommunications $ 87,500 Per Diem, Fees and Contracts $ 336,000 Cost-of-Living Increases for Local Retirement System Members $ 2,800,000 Floor Fund for Local Retirement Systems $ 877,500 Post Retirement Benefit Increases for Retirees $ 0 Total Funds Budgeted $ 8,478,217 State Funds Budgeted $ 3,677,500 Section 39. Department of Technical and Adult Education . Budget Unit: Department of Technical and Adult Education $126,013,844 Department of Technical and Adult Education Budget: Personal Services $ 3,486,423 Regular Operating Expenses $ 311,213 Travel $ 105,000 Motor Vehicle Purchases $ 0 Equipment $ 25,100 Computer Charges $ 1,803,216 Real Estate Rentals $ 380,000 Telecommunications $ 56,185 Per Diem, Fees and Contracts $ 1,007,000 Personal Services-Institutions $ 74,851,104 Operating Expenses-Institutions $ 10,673,506 Capital Outlay $ 7,440,000 Quick Start Program $ 4,840,354 Area School Program $ 27,021,806 Regents Program $ 2,709,714 Adult Literacy Grants $ 5,653,680 Total Funds Budgeted $140,364,301 State Funds Budgeted $126,013,844 Institutions Functional Budgets Total Funds State Funds Aministration $ 7,174,137 $ 5,304,482 Institutional Programs $ 133,190,164 $ 120,709,362 Total $ 140,364,301 $ 126,013,844 Section 40. Department of Transportation . Budget Unit: Department of Transportation $ 656,484,979 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 218,662,313 Regular Operating Expenses $ 52,460,244 Travel $ 1,718,000 Motor Vehicle Purchases $ 1,020,000 Equipment $ 5,216,095 Computer Charges $ 4,251,229 Real Estate Rentals $ 1,357,789 Telecommunications $ 1,940,320 Per Diem, Fees and Contracts $ 9,235,041 Capital Outlay $ 614,947,607 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,250,000 Capital Outlay - Airport Development $ 1,270,000 Mass Transit Grants $ 10,395,426 Savannah Harbor Maintenance Payments $ 1,263,500 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 G.O. Debt Sinking Fund $ 45,741,427 Total Funds Budgeted $ 989,363,004 State Funds Budgeted $ 656,484,979 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 554,977,226 $ 254,054,505 Maintenance and Betterments $ 192,098,526 $ 181,021,908 Facilities and Equipment $ 8,209,064 $ 7,548,964 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 20,817,610 $ 20,157,610 Paving at State Facilities $ 900,000 $ 900,000 Total $ 786,319,439 $ 473,000,000 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 $ 1,683,784 $ 1,183,784 Inter-Modal Transfer Facilities $ 15,029,281 $ 4,970,695 Harbor Maintenance Activities $ 1,263,500 $ 1,263,500 Planning and Construction $ 135,000,000 $ 135,000,000 Maintenance and Betterments $ 40,000,000 $ 40,000,000 Total $ 203,043,565 $ 183,484,979 Section 41. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 19,924,381 Departmental Operations Budget: Personal Services $ 4,718,887 Regular Operating Expenses $ 111,080 Travel $ 89,000 Motor Vehicle Purchases $ 0 Equipment $ 67,100 Computer Charges $ 6,500 Real Estate Rentals $ 223,102 Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 16,700 Capital Outlay $ 0 Operating Expense/Payments to Central State Hospital $ 12,942,633 Operating Expense/Payments to Medical College of Georgia $ 5,721,230 Regular Operating Expenses for Projects and Insurance $ 259,000 Total Funds Budgeted $ 24,215,232 State Funds Budgeted $ 19,924,381 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,241,769 $ 5,013,961 Veterans Home and Nursing Facility - Milledgeville $ 13,143,233 $ 10,412,190 Veterans Nursing Home - Augusta $ 5,830,230 $ 4,498,230 Total $ 24,215,232 $ 19,924,381 Section 42. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 7,976,713 Operations Budget: Personal Services $ 6,447,143 Regular Operating Expenses $ 297,625 Travel $ 65,250 Motor Vehicle Purchases $ 0 Equipment $ 21,715 Computer Charges $ 328,305 Real Estate Rentals $ 608,000 Telecommunications $ 103,695 Per Diem, Fees and Contracts $ 179,980 Total Funds Budgeted $ 8,051,713 State Funds Budgeted $ 7,976,713 Section 43. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 299,931,569 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 11,270,000 Section 44. Provisions Relative to Section 3, Supreme Court . The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions 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 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

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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. From the appropriations in Section 5, a specific sum is hereby appropriated and designated for the purpose of funding a new judgeship in each of the following judicial circuits: A.) Cherokee Judicial Circuit B.) Atlanta Judicial Circuit C.) Chattahoochee Judicial Circuit D.) Southern Judicial Circuit E.) Atlantic Judicial Circuit F.) Eastern Judicial Circuit 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

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Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 49. Provisions Relative to Section 8, Judicial Council . The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, 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 17, State Board of Education-Department of Education . The formula calculation for Basic Education funding assumes a base unit cost of $1,585.52. 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 17, 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 Education policy IDDF and may not exceed $600,000 for FY 1990. From the Appropriations in Section 17, funds in the amount of up to $452,000 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

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and social studies, 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 to each RESA for SFY 1990 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 1990 that it contributed during SFY 1989. 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. From the appropriations in Section 17, funds in the amount of $100,000 are designated and committed for the production and distribution of school and system profiles as provided for in O.C.G.A. 20-2-282 (d). Section 51. 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 66.0% 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 $ 229 $ 151 2 347 229 3 414 273 4 488 322 5 559 369 6 606 400 7 656 433 8 696 459 9 733 484 10 784 517 11 839 554 It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA institutions for fiscal year 1990 that was authorized in fiscal year 1987. Section 52. Provisions Relative to Section 27, Department of Medical Assistance . Provided that of the State fund appropriation to the Department of Medical Assistance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1988. Section 53. Provisions Relative to Section 28, Merit System of Personnel Administration . The Department is authorized to assess no more than $162.44 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 1990 shall not exceed ten and one-quarter percent (10.25%). Section 54. 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 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.

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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, 1989. Section 55. Provisions Relative to Section 30, Department of Public Safety . The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds. Section 56. Provisions Relative to Section 33, Board of 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. The Board of Regents is authorized to continue development of quality added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities. Section 57. Provisions Relative to Section 34, Department of Revenue . From the appropriation in Section 34 (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 58. Provisions Relative to Section 39, Department of Technical and Adult Education None of the State funds appropriated in Section 39 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. Section 59. Provisions Relative to Section 40, Department of Transportation . For this and all future general

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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.) Interestate rehabilitation funds may be used for fourlaning 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 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 60 . In addition to all other appropriations for the State fiscal year ending June 30, 1990, 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;

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there is hereby appropriated $8,070,000 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 ($7,950,000 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 anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 61 . 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 62 . 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 63 . 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

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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 of special interest in future audits to insure strict compliance with the intent of this General Assembly. Section 64 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above state 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 noncomplaince with the stated intent of this Section. Section 65 . 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 66 . In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 67 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely

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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 affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 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 1989 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

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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, 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 . 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.

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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 of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act . Section 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: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,650,000 is specifically appropriated for the purpose of financing acquisitions of real property for 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 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing demolition, decontamination and other site preparation for the Georgia L. Smith II Georgia World Congress Center on real property of the State of Georgia in the custody of the Department of Industry and Trade, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,070,000 is specifically appropriated for the purpose of financing a specialized care unit at the Medical College of Georgia for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and

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personal, necessary or useful in connection therewith, through the issuance of not more than $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,000,000 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. Section 74. Delayed Hiring Factor by Department . Dept. of Corrections A $ 16,556,000 Dept. of Human Resources A $ 1,631,441 Dept. of Human Resources B $ 4,200,000 Dept. Technical and Adult $ 247,133 Dept. of Veterans Services $ 1,150,000 Dept. of Public Safety A $ 373,009 Section 75. Cost-of-Living Increases . This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds for the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1989; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $17,823 to $18,358 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.8% to 2.9%, effective September 1, 1989; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1989; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1989, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1989, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service

Page 1552

and the Agricultural Experiment Station; and 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4. In addition, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System. Section 76. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1990.....$ 7,498,000,000 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. Approved April 18, 1989. GAME AND FISHCRIMINAL TRESPASS ON PUBLIC HUNTING AND FISHING AREAS; SHOT SIZE; TURKEY GOBBLERS; CREEL LIMITS; MOUNTAIN TROUT; FISH BASKETS; RECIPROCAL AGREEMENTS; TRIPLOID GRASS CARP; DANGEROUS DOG CONTROL LAW. Code Section 4-8-25 and Code Title 27 Amended. No. 652 (Senate Bill No. 106). 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

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to acts constituting criminal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to lengthen the maximum open season for turkey gobblers; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs; to change the provisions relating to use of public fishing areas; to remove the season restriction from certain trout streams; to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to five baskets per person; to provide that one person cannot fish with the baskets of another person unless accompanied by such other persons at the time of such fishing; to change provisions relating to reciprocal agreements with adjoining states; to exempt certain persons from the requirement to obtain wild animal permits for triploid grass carp purchased from certain licensed wild animal dealers; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-1-33, relating to regulations for the use of fishing and wildlife management areas, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area or on any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass. Section 2 . Said title is further amended by striking paragraph (4) of Code Section 27-3-4, relating to legal weapons for hunting small game, nongame animals, or nongame birds, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Weapons for hunting small game, nongame animals, or nongame birds shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or steel shot size of BBB or smaller shot,.22 rimfire rifles, guns using.30 caliber army carbine cartridges, the.32-20, any center-fire rifles with bore diameter of.257 or smaller, all caliber

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pistols, muzzleloading firearms, longbows, and compound bows;. Section 3 . Said title is further amended by striking subsection (b) of Code Section 27-3-15, relating to seasons and bag limits, in its entirety and substituting 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: Game Species Maximum Open Season Maximum Bag Limits Daily Season (1) Quail Nov. 1March 15 12 No limit (2) Grouse Oct. 15Feb. 29 3 No limit (3) Turkey gobblers March 15May 21 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. 1Feb. 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 (13) Alligators April 1Oct. 31 Subject to limits adopted by the board.

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Section 4 . Said title is further amended by striking Code Section 27-4-10, relating to creel and possession limits, and inserting in lieu thereof a new Code Section 27-4-10 to read as follows: 27-4-10. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than: (1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass; (2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout; (3) Fifteen of any one or a combination of the following species; provided, however, only two fish may be 22 inches or longer in length: (A) White bass; (B) Striped bass; (C) Striped-white bass hybrids;

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(4) Notwithstanding the provisions of paragraph (3) of this Code section to the contrary, from the Ogeechee River, the Oconee River downstream of Sinclair Dam, the Ocmulgee River downstream of Juliette Dam, the Altamaha River, and the Satilla River: (A) Fifteen of any one or a combination of the following species: (i) White bass; (ii) Striped-white bass hybrids; (B) Two striped bass which must be 22 inches or longer in length; (5) Fifty of any one or a combination of the game species of bream or sunfish; (6) Eight walleye (walleyed pike); (7) Eight sauger; (8) Two muskellunge; (9) Fifteen of any one or a combination of the following species of pickerel: (A) Chain; (B) Grass; (C) Redfin; (10) Thirty of any one or a combination of the following species: (A) Black crappie; (B) White crappie; (11) Eight of any one or a combination of the following species:

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(A) American shad; (B) Hickory shad; (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. (B) This paragraph shall stand repealed in its entirety on July 1, 1993; (12) A total of 50 of all of the species named in this Code section; (13) Two red drum, commonly known as spot-tail bass or channel bass, greater than 32 inches in length. Section 5 . Said title is further amended by striking subsection (c) of Code Section 27-4-11, relating to size limits, and inserting in lieu thereof a new subsection (c) to read as follows: (c) It shall be unlawful to take or have in possession from the Richard B. Russell Lake any species of mountain trout which is less than 12 inches in length. Section 6 . Said title is further amended by striking subsections (g) and (o) of Code Section 27-4-11.1, relating to restrictions in public fishing areas, and inserting in lieu thereof new subsections (g) and (o), respectively, to read as follows: (g) It shall be unlawful to operate any vessel as defined in Code Section 52-7-3, except fishing boats being propelled by paddles, oars, or electric motors, on any public fishing area owned or operated by the department; provided, however, that: (1) It shall not be unlawful to operate any sailboat or any fishing boat being propelled by a motor of 20 horsepower or less on the Rum Creek Public Fishing Area;

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(2) It shall not be unlawful to operate any fishing boat being propelled by a motor of less than 10 horsepower on any public fishing lake over 99 acres in size; and (3) It shall not be unlawful to operate any fishing boat being propelled by a motor of 10 horsepower or greater and at idle speed on any public fishing lake over 99 acres in size, except on the Rum Creek Public Fishing Area. (o) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest Public Fishing Areas, it shall be unlawful for any person: (1) To fish at any time between November 1 and March 1; (2) To fish unless he has checked in at the department checking station located at the area; (3) If he has fished at the area, to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is unnecessary; or (4) To fish, if he refuses to leave his Georgia fishing license at the checking station upon the request of any authorized personnel of the department. Section 7 . Said title is further amended by striking paragraphs (21) and (23) of Code Section 27-4-52, relating to trout waters without seasons, and inserting in lieu thereof new paragraphs (21) and (23), respectively, to read as follows: (21) Rabun County: (A) Chattooga River: Entire length between Georgia and South Carolina; (B) Chattooga River, West Fork: Entire length; (C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441 bridge;

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(D) Overflow Creek: Entire watershed; and (E) Tallulah River: Downstream to Lake Rabun; (23) Towns County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge; (C) Hiawassee River: Entire length downstream from Brown Bridge (second bridge above U.S. Highway 76 on Georgia Highway 75); (D) Charlies Creek watershed; and (E) Tallulah River; Section 8 . Said title is further amended by adding at the end of Code Section 27-4-92, relating to the use of fish baskets in commercial fresh-water fishing, a new subsection (e) to read as follows: (e) Notwithstanding any other provision to the contrary, it shall be unlawful for any person to fish with more than five baskets in the waters of Lake Sinclair and Lake Oconee. No person shall fish with the baskets of other persons unless accompanied by such other persons at the time of such fishing. Section 9 . Said title is further amended by striking Code Section 27-4-230, relating to a reciprocal agreement with Alabama, which reads as follows: 27-4-230. (a) The area covered by the reciprocal agreement with Alabama includes the banks and the waters of only that portion of the Chattahoochee River lying between the States of Georgia and Alabama and those impoundments now existing or that may exist in the future on such reach of the river, provided that such agreement shall not include that portion of West Point Reservoir lying upstream (north) of Georgia Highway 109 bridge on the Chattahoochee River arm of such reservoir;

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provided, further, that the waters covered by such agreement do not include other streams or tributaries which flow into the Chattahoochee River or its impoundments. (b) Any person of the State of Georgia or the State of Alabama may engage in sport or commercial fishing in any of the above-described waters and on the banks of such waters if he has obtained and has in his possession while fishing the permits or licenses, or both, required by the respective state; provided, however, this provision shall only be effective so long as the reciprocal agreement with Alabama is in force and effect. (c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia waters. The reciprocal agreement with Alabama pertains only to reciprocation of licenses. Section 10 . Said title is further amended by striking Code Section 27-4-231, relating to a reciprocal agreement with Florida, which reads as follows: 27-4-231. (a) The agreement described in this Code section shall apply to the following: (1) The waters of and the banks of the waters of the St. Mary's River, not including its tributaries; or (2) The waters of and the banks of the waters of Lake Seminole, bounded on the west by Florida State Road No. 271; on the south by the Jim Woodruff Dam; on the east by the line immediately east of the Chattahoochee Marina, also known as the Booster Club, running northwest across the reservoir to the tip of land at the junction of the Flint and Chattahoochee rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River. (b) (1) Any person who has obtained and has in his possession while fishing the properly issued permits or licenses, or both, required by either state may sport fish in the waters and from the land described in subsection (a) of this Code section.

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(2) No license or permit shall be required by either state of any person who is a resident of Florida who is less than 15 years of age, or a resident of Georgia who is less than 16 years of age; and honorary permits issued to residents of the issuing state shall be recognized by the other state. (c) (1) It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than six striped bass and more than six striped-white bass hybrids from the waters described in subsection (a) of this Code section. (2) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia waters. Specifically, the reciprocal agreement does not apply to or in any way change the laws or regulations of either state pertaining to fishing for shad. Section 11 . Said title is further amended by striking Code Section 27-4-232, relating to a reciprocal agreement with North Carolina, which reads as follows: 27-4-232. (a) The agreement described in this Code section shall cover the Chatuge Reservoir east of the dam to Elf High Bridge on the Shooting Creek arm; to Macedonia Bridge on U.S. Highway 76, south of Hiawassee, Georgia; and the lateral branches of the reservoir between these points. (b) All persons fishing with rod and reel, with hook and line, or by casting in the waters of Lake Chatuge beyond the bounds of the state from which they hold a valid fishing license from the State of Georgia or the State of North Carolina shall be authorized to fish with such license only from boats not anchored to the shore or to a pier or boat dock connecting to the shore. (c) There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia portion of the Chatuge Reservior. The reciprocal agreement with North Carolina pertains only to reciprocity of licenses. Section 12 . Said title is further amended by striking Code Section 27-4-233, relating to a reciprocal agreement with South Carolina, which reads as follows:

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27-4-233. (a) The agreement described in this Code section shall cover all channels of the Savannah River from its mouth to the confluence of the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo) River from its mouth to the confluence of the Tallulah River and the Chattooga River; and Chattooga River to the point where it intersects with the thirty-fifth parallel of north latitude, which is the boundary line between Georgia and North Carolina. This agreement is also applicable to the Clark Hill Reservoir, Richard B. Russell Lake, the Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake, and the New Savannah Bluff Lock and Dam but is not applicable to any tributary streams to such impoundments nor to tributary streams of the Savannah, Tugaloo (Toogaloo), and Chattooga rivers. The inclusion of Richard B. Russell Lake in this agreement will be effective at such time that the State of South Carolina takes similar action. (b) All persons meeting the fishing license requirements of the State of Georgia or the State of South Carolina will be allowed to fish on the banks and the waters described in subsection (a) of this Code section without the necessity of obtaining any other license. (c) (1) The creel limits for striped bass and striped-white bass hybrids shall be ten fish of each species. The creel limits for bream (all species) shall be 30 fish, and the creel limit for crappies shall be 30 fish per day. (2) It shall be unlawful for any person to possess more than 40 in the aggregate of all game fish except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten in the aggregate of striped bass and striped-white bass hybrid from the waters described in subsection (a) of this Code section. It shall be unlawful to possess more than ten in the aggregate of largemouth, spotted, or Coosa bass and more than eight in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state. (3) The minimum size limit on trout taken from Clark Hill and Hartwell reservoirs shall be 14 inches in length between December 1 and April 1 of the following year. There

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shall be no size limit on trout taken from these waters during the period of April 1 through November 30. (4) Any person using baskets, minnow seines, or trotlines for the taking of fish in the waters described in subsection (a) of this Code section, regardless of his residency, shall comply with the laws, rules, and regulations of the state containing the waters in which the gear is fished. Otherwise, this reciprocal agreement does not apply to commercial fresh-water or commercial salt-water fishing, only to fresh-water sport fishing. (5) No person shall have a rifle in his possession or in a boat in South Carolina waters. (6) All other fishing laws and regulations of the State of Georgia shall apply in the Georgia portion of these waters. Section 13 . Said title is further amended by adding at the end of Code Section 27-4-234, relating to reciprocal agreements with adjoining states, a new subsection (d) to read as follows: (d) The commissioner is authorized to enter into agreements from time to time with the proper authorities of any of the adjoining states whereby a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for adjoining states so agreeing on the banks and in the waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and that adjoining state. In turn, valid licenses issued by said adjoining state shall be accepted and honored as and in lieu of a Georgia fishing license on the banks and in the waters of such lakes, rivers, and streams. Notwithstanding provisions of this title to the contrary, it shall be unlawful to take game fish except channel catfish, flathead catfish, American shad, and hickory shad from waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of Georgia and that adjoining state. The numbers of those game fish which may be lawfully taken from such waters are limited by the commissioner in accordance with current, sound principles of wildlife management. Those limits allow one to 50 fish of each

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species to be taken but no more than a total of 50 fish of all species. Section 14 . Said title is further amended by striking subsection (b) of Code Section 27-5-4, relating to wild animal licenses and permits, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state. Section 15 . Said article is further amended by striking paragraph (2) of subsection (b) of Code Section 4-8-25, relating to requirements for possessing dangerous dogs or potentially dangerous dogs, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) (A) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on the property. (B) The Department of Natural Resources shall design a uniform symbol for the purpose of implementing Subparagraph (A) of this paragraph no later than July 1, 1989 and shall provide copies of the design to the governing authority of each county and municipality of this state. The sign required to be posted by Subparagraph (A) of this paragraph shall conform substantially to the design provided by the Department of Natural Resources pursuant to this subparagraph.

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(C) The requirement of Subparagraph (A) of this paragraph shall become effective 60 days following the day the uniform design specified in Subparagraph (B) of this paragraph is distributed to the governing authority of each county and municipality of the state. Section 16 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 17 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. MENTAL HEALTHTRAUMATIC BRAIN INJURY; DEFINED; FACILITIES. Code Sections 31-6-2, 31-7-1, and 37-3-1 Amended. No. 653 (Senate Bill No. 360). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that certain facilities and institutions shall include facilities providing care for persons who have traumatic brain injury; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental illness, so as to provide for a definition of traumatic brain injury and provide that such injury shall not be considered a mental illness; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety paragraph (8) of Code Section 31-6-2, relating to definitions with respect to state health planning and development, and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Health care facility' means hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1. Section 2 . Said title is further amended by striking in its entirety paragraph (1) of Code Section 31-7-1, relating to definitions with respect to the regulation and construction of hospitals and other health care facilities, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Institution' means: (A) Any community mental health and mental retardation facility; (B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home; (C) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed; (D) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the

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provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center; (E) Any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities; (F) Any building or facility, not directly associated with a hospital, which is devoted primarily to the provision, on a nonrecurring basis, of medical treatment to patients with acute injuries or conditions and which is classified by the Department of Human Resources as a freestanding emergency care clinic; (G) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources as a birthing center; or (H) Any building or facility which is devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1. The term `institution' shall exclude all physicians' and dentists' private offices and treatment rooms in which such dentists or physicians primarily see, consult with, and treat patients. Section 3 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding between paragraphs (16) and (17) of Code Section 37-3-1, relating to definitions with respect to the examination and treatment for mental illness, a new paragraph (16.1) to read as follows: (16.1) `Traumatic brain injury' means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that

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a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section. Section 4 . This Act shall become effective July 1, 1989, except that Sections 1 and 2 of this Act shall become effective January 1, 1990. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. HIGHWAYS, BRIDGES, AND FERRIESVEHICLES; LENGTH; LOADS EXTENDING BEYOND REAR OF VEHICLE. Code Section 32-6-24 Amended. No. 654 (House Bill No. 431). AN ACT To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, is amended by striking paragraph (4) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:

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(4) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a trip permit issued pursuant to Code Section 32-6-28 or for vehicles transporting motor vehicles, when the vehicle and load or combination of vehicles and load exceeds 60 feet, no load shall extend more than four feet beyond the rear of the vehicle or semitrailer or trailer on which it is carried, provided that the total length of the load and the vehicle or semitrailer or trailer on which the load is carried shall not exceed 48 feet. If the load is so situated that it extends beyond the rear of the vehicle, semitrailer, or trailer on which it is carried, then a rear underride guard shall be provided. The rear underride guard shall be of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the vehicle, semitrailer, or trailer on which it is carried and located not more than 22 inches from the surface as measured with the vehicle, trailer, or semitrailer, empty and on a level surface. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. BAD CHECKSMULTIPLE CHECKS; PRINTING FICTITIOUS CHECKS; CIVIL REMEDIES. Code Section 16-9-20 Amended. Code Section 16-9-21 Enacted. No. 655 (Senate Bill No. 188). AN ACT To amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused

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and which were delivered within a ten-day period to a single entity; to provide for the form of notice covering multiple checks; to provide a presumption for the basis of dishonoring a check; to change the penalty provisions relating to the crime of issuance of a bad check; to provide that the drawing and giving of multiple bad checks to the same entity within a specified period shall under certain circumstances constitute a misdemeanor of a high and aggravated nature or a felony; to change certain provisions relating to the issuance of a bad check on a bank of another state; to clarify certain court costs; to preserve certain civil remedies for the party holding a worthless check, draft, or order; to provide that the party holding a worthless check, draft, or order shall be immune from civil liability for certain actions; to change certain provisions relating to service charges; to make it unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, is amended by striking in its entirety Code Section 16-9-20, relating to the crime of issuance of a bad check, and inserting in lieu thereof a new Code Section 16-9-20 to read as follows: 16-9-20. (a) A person commits the offense of criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; (2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and

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the accused or someone for him shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph: (A) Notice mailed by certified or registered mail evidenced by return receipt to the person at the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all checks on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and indentifies each check; and (B) The form of notice shall be substantially as follows: `You are hereby notified that the following checks(s) or instruments(s) Check No. Check Date Check Amount Name of Bank drawn uponand payable to, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the check(s) or instrument(s) plus the applicable service charge(s) of $, the total amount due beingdollars andcents. Unless this

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amount is paid in full within the specified time above, a presumption in law arises that you delivered the item(s) with the intent to defraud and the dishonored check(s) or instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor for criminal prosecution.'; or (3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument. (b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (A) When the check is for less than $100.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both; (B) When the check is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or (C) When more than one check is involved and such checks were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks may be added together to arrive at and be punishable under subparagraph (B) of this paragraph. (2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one check is

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involved and such checks were given to the same entity within a 15 day period and the cumulative total of such checks is not less than $300.00 nor more than $499.99, the person drawing and giving such checks shall upon conviction be guilty of a misdemeanor of a high and aggravated nature. (3) (A) Except as provided in subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check, when the check is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both. (4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check, together with all costs of bringing a complaint under this Code section. Costs shall be presumed to be $20.00, inclusive of warrant or citation application fee and certified or registered mail letter fee, provided that the party causing the criminal warrant or citation to issue may present competent evidence of costs in excess of $20.00 as the court considers the assessment of costs. Restitution may be made while the defendant is serving a probated or suspended sentence. (c) A person who commits the offense of criminal issuance of a bad check by the making, drawing, uttering, or delivering of a check, draft, or order on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both. (d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section. (e) In any prosecution or action under this Code section, a check, draft, or order for which the information required in this

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subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing the check, draft, or order and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the check, draft, or order shall be obtained by the party receiving such instrument: the full name, residence address, and home phone number. (1) Such information may be provided by either of two methods: (A) The information may be recorded upon the check or instrument itself; or (B) The number of a check-cashing identification card issued by the receiving party may be recorded on the check. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party. (2) In addition to the information required in this subsection, the party receiving a check shall witness the signature or endorsement of the party presenting such check and as evidence of such the receiving party shall initial the check. (f) As used in this Code section, the term: (1) `Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. (2) `Present consideration' shall include without limitation: (A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due;

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(C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment; (D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and (E) A written waiver of mechanic's or materialmen's lien rights. (3) `State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34. (g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3. (h) (1) Any party holding a worthless check, draft, or order and giving notice in substantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any check, draft, or order for the payment of money shall have been refused because the maker or drawer had no account with the bank or other depository on which such check, draft, or order was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless such statements,

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representations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof. (2) Except as otherwise provided by law, any party who holds a worthless check, draft, or order, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his right to continue or pursue civil remedies authorized by law for the collection of the worthless check, draft, or order. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless check, draft, or order has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the check, draft, or order and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such check, draft, or order, no evidence of statements or representations as to the status of the check, draft, or order involved or of any collateral agreement with reference to the check, draft, or order shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the check, draft, or order at the time it is delivered by the maker thereof. (i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad check charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.

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(j) For purposes of this Code section, no service charge or bad check charge shall exceed $20.00 or 5 percent of the face amount of the check, whichever is greater. (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 . Said article is further amended by adding at the end thereof a new Code Section 16-9-21 to read as follows: 16-9-21. (a) It shall be unlawful for any person to print or cause to be printed checks, drafts, or orders drawn upon any financial institution as such term is defined in paragraph (21) of Code Section 7-1-4 or to execute or negotiate any check, draft, or order knowing that the account number, routing number, or other information printed on such check, draft, or order is in error, fictitious, or assigned to another account holder or financial institution. (b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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GAME AND FISHFOOD FISH; EXEMPTION FROM GAME AND FISH LAWS; REGULATION BY DEPARTMENT OF AGRICULTURE; FISH DEALERS. Code Sections 27-1-2, 27-4-75, and 27-4-76 Amended. Code Section 27-4-78 Enacted. No. 656 (House Bill No. 202). 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 definition of game fish; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers; to provide for a definition; to exempt certain fish and the production, hatching, raising, harvesting, and sale of certain fish and activities and persons, partnerships, firms, corporations, associations, and legal entities connected therewith from the game and fish laws of this state; to provide for exceptions; to declare that certain activities connected with certain fish are declared to be an agricultural pursuit; to provide for regulation by the Department of Agriculture; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety subparagraph (B) of paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Trout, except as provided in Code Section 27-4-78: (i) Rainbow trout; (ii) Brown trout; and

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(iii) Brook trout. Section 2 . Said title is further amended by striking in its entirety subparagraph (H) of paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new subparagraph (H) to read as follows: (H) Catfish, except as provided in Code Section 27-4-78: (i) Channel catfish; and (ii) Flathead catfish. Section 3 . Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, and inserting in lieu thereof a new Code Section 27-4-75 to read as follows: 27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4-78. (b) Except as provided in Code Section 27-4-74 or 27-4-78, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations. Section 4 . Said title is further amended by striking subsection (a) of Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Except as provided in Code Section 27-4-78, it shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Notwithstanding any other provision to the contrary, neither a licensed commercial fish hatchery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer. Section 5 . Said title is further amended by adding, following Code Section 27-4-77, a new Code Section 27-4-78 to read as follows: 27-4-78. (a) As used in this Code section, the term `food fish' means trout and channel catfish which are commercially produced and sold only as food for human consumption and which are produced, hatched, and raised in a privately owned pond, raceway, fish hatchery, or other impoundment of water. Food fish are declared to be a domestic farm product and shall not be included within the definition of `game fish' as used in this title. (b) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, raising, harvesting, and selling food fish is declared to be engaged in an agricultural pursuit and shall be exempt from all provisions of this title establishing requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate solely to food fish. The commercial production, hatching, raising, harvesting, and selling of food fish shall be regulated pursuant to rules and regulations of the Department of Agriculture, provided that any food fish processing plant shall be governed by the provisions of Article 6 of Chapter 2 of Title 26 as such provisions apply to mean and poultry processing plants. Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than food fish or which relates to producing, hatching, raising, harvesting, or selling food fish for any purpose other than as food for human consumption shall not be exempt from the provisions of this title.

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Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATIONSICK LEAVE; PERSONAL LEAVE. Code Section 45-20-16 Enacted. No. 657 (Senate Bill No. 41). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for the computation of sick leave for full-time employees in the classified service and for part-time employees in the classified service; to provide under certain conditions for the conversion of a certain amount of sick leave to personal leave; to provide for the use of personal leave; to provide for forfeiture of certain unused personal leave; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows: 45-20-16. (a) Full-time employees in the classified service shall earn sick leave at the rate of one and one-fourth days per month of service. Part-time employees in the classified service who work 20 or more hours per week shall earn sick leave at the rate of one and one-fourth days per month of service

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prorated by the percentage of time worked. Sick leave shall be cumulative for not more than 90 days. Any sick leave earned in excess of 90 days at the end of any month shall be forfeited but may be restored to the employee as provided in the regulations of the State Personnel Board. (b) An employee who has accrued more than 15 days of sick leave as of November 30 of any year may, by written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the following year, or upon termination, shall be forfeited and not restored to the employee. (c) Personal leave may be used by the employee for personal reasons the same as annual leave upon approval by the employee's appointing authority. The employee shall normally be required to provide the appointing authority with a 24 hour advance notice for use of personal leave. Every reasonable effort shall be made by the appointing authority to accommodate employees on their requests for use of personal leave. (d) The State Personnel Board shall adopt regulations to implement the provisions of this Code section. The leave regulations of the board in effect on July 1, 1989, shall remain in effect until amended, changed, modified, or repealed by the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1989.

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MUNICIPAL CORPORATIONSHOME RULE; PETITIONS TO AMEND CHARTERS. Code Section 36-35-3 Amended. No. 658 (House Bill No. 723). AN ACT To amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules, and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions; to provide for certain limitations with respect to the collection of signatures; to provide for petitions in circulation on July 1, 1989; 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 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules, and regulations and methods of amending municipal charters, is amended by adding a new subparagraph at the end of paragraph (2) of subsection (b), to be designated subparagraph (b)(2)(C), to read as follows: (C) The sponsor of a petition authorized by this paragraph shall obtain copies of all official petitions from the clerk of the governing authority. The clerk of the governing authority shall approve all petitions as to form. The clerk of the governing authority shall provide a place on each form for the person collecting signatures to provide his or her name, street address, city, county, state, ZIP Code, and telephone number and to swear that he or she is a resident of the municipality affected by the petition and that the signatures were collected inside the boundaries of the affected municipality. The collection of signatures for the petition shall begin on the day the clerk of the governing authority provides official copies to the sponsor of the petition.

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A petition authorized by subparagraph (A) of this paragraph shall not be accepted by the governing authority for verification if more than 60 days have elapsed since the date the sponsor of the petition first obtained copies of the petition from the clerk of the governing authority. Any petition being circulated pursuant to subparagraph (A) of this paragraph on July 1, 1989, shall be filed with the clerk of the governing authority by not later than July 11, 1989. The clerk of the governing authority shall, within seven days, provide the sponsor with official petitions. The sponsor shall have 60 additional days after obtaining official petitions to collect the remaining number of required signatures. Nothing in this subparagraph shall invalidate otherwise valid signatures collected on or before July 1, 1989. 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 18, 1989. AD VALOREM TAXESPREFERENTIAL CLASSIFICATION AND ASSESSMENT OF REHABILITATED HISTORIC PROPERTY. Code Sections 48-5-2 and 48-5-7 Amended. Code Section 48-5-7.2 Enacted. No. 660 (House Bill No. 225). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term fair market value; to provide for the fair market value of rehabilitated historic property under certain circumstances; to

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change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of rehabilitated historic property; to define the term rehabilitated historic property; to provide exceptions; to provide for applications for preferential classification and assessment of rehabilitated historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources; to provide that the assessed value of certain property shall not be increased during certain periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as rehabilitative historic property; to provide for the payment of deferred taxes; to provide for administrative appeals and court review; to provide the effective date of preferential assessment of rehabilitated historic property; to provide for the classification of rehabilitated historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as rehabilitated historic property; to provide that certain property may again qualify for preferential classification and assessment as rehabilitated historic property; to provide that certain deferred taxes and interest shall constitute a prior lien; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph (C) to read as follows: (C) Fair market value of `historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means: (i) For the first eight years in which the property is classified as `rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2;

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(ii) For the ninth year in which the property is classified as `rehabilitated historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and (iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph. Section 2 . Said article is further amended by striking in its entirety Code Section 48-5-7, relating to assessment of tangible property, and inserting in lieu thereof a new Code Section 48-5-7 to read as follows: 48-5-7. (a) Except as otherwise provided in this Code section, taxable tangible property shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. (b) Tangible real property which is devoted to bona fide agricultural purposes as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for ad valorem property tax purposes at 75 percent of the value which other tangible real property is assessed and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. (c) Tangible real property which qualifies as rehabilitated historic property pursuant to the provisions of Code Section 48-5-7.2 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this subsection, the term `fair market value' shall mean the fair market value of rehabilitated historic property pursuant to the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2. (d) The requirement contained in this Code section that all tax jurisdictions assess taxable tangible property at 40 percent

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of fair market value shall not apply to any tax jurisdiction whose ratio of assessed value to fair market value exceeded 40 percent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section. (e) Each notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include both the fair market value of the property of the taxpayer which is subject to taxation and the assessed value of the property after being reduced as provided by this Code section. Section 3 . Said article is further amended by adding between Code Sections 48-5-7.1 and 48-5-8 a new Code Section 48-5-7.2 to read as follows: 48-5-7.2. (a) (1) For the purposes of this article, `rehabilitated historic property' means tangible real property which: (A) Qualifies for listing on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12; (B) Is in the process of or has been substantially rehabilitated, provided that in the case of owner occupied residential real property the rehabilitation has increased the fair market value of the building or structure by not less than 50 percent, or, in the case of income-producing real property, the rehabilitation has increased the fair market value of the building or structure by not less than 100 percent, or, in the case of real property used primarily as residential property but partially as income-producing property, the rehabilitation has increased the fair market value of the building or structure by not less than 75 percent, provided that the exact percentage of such increase in the fair market value to be required shall be determined by rules and regulations promulgated by the Board of Natural Resources. For the purposes of this subparagraph, the term `fair market value' shall mean the fair market value of the property, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2;

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(C) The rehabilitation of which meets the rehabilitation standards as provided in regulations promulgated by the Department of Natural Resources; and (D) Has been certified by the Department of Natural Resources as rehabilitated historic property eligible for preferential assessment. (2) The preferential classification and assessment of rehabilitated historic property provided for in this Code section shall apply to the building or structure which is the subject of the rehabilitation, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law. (3) Property may qualify as historic property only if substantial rehabilitation of such property was initiated after January 1, 1989, and only property which has been certified as rehabilitated historic property by the Department of Natural Resources after July 1, 1989, may qualify for preferential assessment. (b) In order for property to qualify for preferential assessment as provided for in subsection (c) of Code Section 48-5-7, the property must receive certification as rehabilitated historic property as defined in pargraph (1) of subsection (a) of this Code section and pursuant to regulations promulgated by the Department of Natural Resources. Applications for certification of such property shall be accompanied by a fee specified by rules and regulations of the Board of Natural Resources. The Department of Natural Resources may, at its discretion, delegate its responsibilities conferred under subparagraph (a)(1)(C) of this Code section. (c) Upon a property owner receiving preliminary certification pursuant to the provisions of subsection (b) of this Code section, such property owner shall submit a copy of such preliminary certification to the county board of tax assessors. A property owner shall have 24 months from the date that preliminary certification is received pursuant to subsection (b) of this Code section in which to complete the rehabilitation of such

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property in conformity with the application approved by the Department of Natural Resources. After receiving the preliminary certification from the property owner, the county board of tax assessors shall not increase the assessed value of such property during the period of rehabilitation of such property, not to exceed two years. During such period of rehabilitation of the property, the county tax receiver or tax commissioner shall enter upon the tax digest a notation that the property is subject to preferential assessment and shall also enter an assessment of the fair market value of the property, excluding the preferential assessment authorized by this Code section. Any taxes not paid on the property as a result of the preliminary certification and frozen assessed value of the property shall be considered deferred until a final determination is made as to whether such property qualifies for preferential assessment as provided in this Code section. (d) Upon the completion of the rehabilitation of such property, the property owner shall submit a request in writing for final certification to the Department of Natural Resources. The Department of Natural Resources shall determine whether such property as rehabilitated constitutes historic property which will be listed on the Georgia Register of Historic Places and which qualifies for preferential assessment. The Department of Natural Resources shall issue to the property owner a final certification if such property so qualifies. (e) Upon receipt of final certification from the Department of Natural Resources, a property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph (a)(1)(B) of this Code section; provided, however, that, if the property owner can document expenditures on rehabilitation of owner occupied property of not less than 50 percent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value of the building or structure at the time of preliminary

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certification of the property, or, in the case of real property used primarily as residential property but partially as income-producing property, expenditures on rehabilitation of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required to grant preferential assessment to such property. For the purposes of this subsection, the term `fair market value' shall mean the fair market value of the building or structure, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (f) A property owner who fails to have property classified as rehabilitated historic property and listed on the Georgia Register of Historic Places for the preferential assessment shall be required to pay the difference between the amount of taxes on the property during the period that the assessment was frozen pursuant to the provisions of subsection (c) of this Code section and the amount of taxes which would have been due had the property been assessed at the regular fair market value, plus interest at the rate prescribed in Code Section 48-2-40. (g) (1) Property which has been classified by the county board of tax assessors as rehabilitated historic property shall be eligible for the preferential assessment provided for in subsection (c) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the preliminary certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility. (2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such

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as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment. (3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of rehabilitated historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as rehabilitated historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation `rehabilitated historic property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2. (h) When property has once been classified and assessed as rehabilitated historic property, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following: (1) Written notice by the tax payer to the county tax commissioner or receiver to remove the preferential classification and assessment; (2) Sale or transfer of ownership making the property exempt from property taxation; (3) Decertification of such property by the Department of Natural Resources. The Department of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify

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the property from preferential classification and assessment so long as the property continues to qualify as rehabilitated historic property. When for any reason the property or any portion thereof ceases to qualify as rehabilitated historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January; or (4) The expiration of nine years during which the property was classified and assessed as rehabilitated historic property; provided, however, that any such property may qualify thereafter as rehabilitated historic property if such property is subject to subsequent rehabilitation and qualifies under the provisions of this Code section. (i) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (j) (1) The taxes and interest deferred pursuant to this Code section shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but the deferred taxes and interest shall only be due, payable, and delinquent as provided in this Code section. (2) Liens for taxes deferred under this Code section, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. CRIMES AND OFFENSESCONTROLLED SUBSTANCES AND MARIJUANA; TRAFFICKING; PENALTIES. Code Section 16-13-31 Amended. No. 661 (House Bill No. 30). AN ACT To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, is amended by striking that Code section and inserting in its place a new Code Section 16-13-31 to read as follows: 16-13-31. (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who 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:

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(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 $200,000.00; (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 $300,000.00; 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 $1 million. (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 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;

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(2) If the quantity of such substances involved 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 50 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 50 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 $100,000.00; (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 $250,000.00; 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 $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and

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(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 $1 million. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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CONSERVATION AND NATURAL RESOURCESGEORGIA REGISTER OF HISTORIC PLACES. Code Section 12-3-50.2 Enacted. No. 662 (House Bill No. 226). AN ACT To amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, promotion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and expand a Georgia Register of Historic Places; to provide which properties shall be included in such register; to provide for the removal of certain property from such register; to provide for a state historic preservation review board; to provide for the duties of such board; to authorize any person or entity to apply to have property designated as historic property; to provide procedures; to provide for administrative appeal of orders or actions of the Department of Natural Resources; to provide for judicial review; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, promotion, etc., of historic areas generally, is amended by adding between Code Section 12-3-50.1 and 12-3-51 a new Code Section 12-3-50.2 to read as follows: 12-3-50.2. (a) (1) The Historic Preservation Section of the department shall establish, maintain, and expand an inventory and register of historic places in this state, which register shall be known as the Georgia Register of Historic Places. Such register shall include: (A) Historic property which is listed in the National Register of Historic Places pursuant to the National Historic Preservation Act (16 U.S.C. 470, et seq.); and

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(B) Historic property which is defined as districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which is determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in regulations promulgated by the Board of Natural Resources. (b) The Historic Preservation Section of the Department of Natural Resources shall be authorized to remove from the Georgia Register of Historic Places any property which no longer qualifies or meets the criteria for listing in such register. (c) The Department of Natural Resources shall provide an adequate and qualified state historic preservation review board designated by the state historic preservation officer. (d) Any person or entity may apply to the Historic Preservation Section of the department to have property included in the Georgia Register of Historic Places. The Historic Preservation Section of the department shall receive evidence, make investigations of such property, consult with other historic preservation experts, and obtain the recommendations of the state historic preservation review board to determine if such property should be included in the Georgia Register of Historic Places. (e) Any person who is aggrieved or adversely affected by any order or action of the department pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.'

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. STATE CONSTRUCTION INDUSTRY LICENSING BOARDLAWN SPRINKLER SYSTEMS; CONDITIONED AIR SYSTEMS; LICENSES; EXCEPTIONS. Code Section 43-14-16 Amended. No. 663 (House Bill No. 600). AN ACT To amend Code Section 43-14-16 of the Official Code of Georgia Annotated, relating to exceptions to the operation of Chapter 14 of Title 43 concerning electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, so as to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipality; to provide that under certain conditions a person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work in connection with conditioned air systems shall be required to be licensed by the appropriate licensing authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 43-14-16 of the Official Code of Georgia Annotated, relating to exceptions to the operation of Chapter 14 of Title 43 concerning electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, is amended by adding at the end thereof two new subsections, to be designated (i) and (j), to read as follows: (i) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality. (j) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts with a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTSWORKPLACE HEARING CONSERVATION PROGRAMS; TECHNICIANS. Code Section 43-44-18 Enacted. No. 664 (House Bill No. 364). AN ACT To amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing conservation program; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, is amended by adding a new Code Section 43-44-18 to read as follows: 43-44-18. Nothing contained in this chapter shall limit or affect the activities of any employer or any person acting on behalf of any employer under the provisions of the Occupational Safety and Health Act of 1970 or any standard promulgated pursuant to said act, including, without limitation, the performance of hearing tests by a technician as part of a workplace hearing conservation program, provided that the technician who performs audiometric tests must be responsible to a licensed audiologist or physician. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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TORTSSPORTS OFFICIALS; AMATEUR ATHLETIC CONTESTS; EXEMPTION FROM LIABILITY. Code Section 51-1-41 Enacted. No. 665 (House Bill No. 54). 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 sports officials who officiate amateur athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held; to provide for a definition; to provide for other 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 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 51-1-41 to read as follows: 51-1-41. (a) Sports officials who officiate amateur athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played. (b) For the purposes of this Code section, the term `sports officials' means: (1) Those individuals who serve as referees, umpires, linesmen, and those who serve in similar capacities but may be known by other titles and are duly registered with or are members of a local, state, regional, or national organization

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which is engaged in part in providing education and training to sports officials; and (2) Those individuals who render service without compensation as a manager, coach, instructor, or assistant manager, coach, or instructor in any system of supervised recreation established pursuant to Chapter 64 of Title 36. (c) Nothing in this Code section shall be deemed to grant the protection set forth in subsection (a) of this Code section to sports officials who cause injury or damage to a person or entity by actions or inactions which are intentional, willful, wanton, reckless, malicious, or grossly negligent. Section 2 . This Act shall apply to causes of actions filed on or after the effective date of this Act, including those causes of actions which allege actions or inactions of sports officials which occurred prior to 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 19, 1989.

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CRIMES AND OFFENSESRECKLESS ABANDONMENT OF A CHILD. Code Section 16-5-72 Enacted. No. 666 (House Bill No. 29). AN ACT To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reckless abandonment of a child; to provide for the elements of such offense; 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 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by adding at the end thereof a new Code section, to be designated Code Section 16-5-72, to read as follows: 16-5-72. (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense or reckless abandonment of a child when the person willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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FAIR BUSINESS PRACTICES ACT OF 1975HEALTH SPAS; CONTRACTS; REQUIREMENTS; CANCELLATION; REFUNDS. Code Section 10-1-393 Amended. Code Section 10-1-393.2 Enacted. No. 667 (House Bill No. 341). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the Fair Business Practices Act of 1975, so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances; to provide procedures for cancellation; to provide for certain notices to be included in health spa membership contracts; to provide for refunds; to delete certain bonding requirements; to provide for the meeting of certain conditions prior to a health spa's entering into an agreement with a consumer; to provide exceptions; to provide for review of health spa membership contracts by the administrator; 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 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the Fair Business Practices Act of 1975, is amended by striking paragraph (12) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, in its entirety and inserting in its place a new paragraph (12) to read as follows: (12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas. Section 2 . Said part is further amended by adding immediately following Code Section 10-1-393.1, relating to office supply transactions, a new Code section to be designated Code Section 10-1-393.2, to read as follows:

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10-1-393.2. (a) Health spas shall comply with the provisions of this Code section. (b) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution and which shall show the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which has a term in excess of 36 months. Contracts may be renewable at the end of each 36 month period of time at the option of both parties to the contract; (c) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services; (d) The contract shall state clearly on its face the cancellation and refund policies of the seller; (e) The health spa member shall have the right to cancel the contract within seven business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice before 12:00 Midnight of the seventh business day after the date of the signing of the contract or by hand delivering the notice of cancellation to the health spa before 12:00 Midnight of the seventh business day following the date of the signing of the contract. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed $100.00. The preparation of any documents shall not be construed to be services; provided, however, that any documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subsection. Each health spa contract shall contain the following paragraphs separated from all other paragraphs:

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`You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address: Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on, 19, and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.' The health spa shall fill in the blank spaces in the above paragraph before the consumer signs the contract. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on

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which the cancellation notice was delivered; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facilities or services. (f) In the event a health spa no longer offers a substantial service which was offered at the time of the initiation of the contract, or in the event a health spa which previously limited its membership to members of one sex should become coeducational or one which was previously coeducational should become limited to members of one sex, the member shall have 30 days from the time the member knew or should have known of the change to cancel the remainder of the membership and receive a refund. The refund shall be calculated by driving the total cost of the membership by the total number of months under the membership and refunding the monthly cost for any months or fractions of months remaining under the membership. The contract shall contain a clause in at least ten-point boldface type which reads as follows: `You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.' The provisions of this subsection shall not apply in any instance where a court has ordered that a change be made in the sexual character of the health spa. The administrator is authorized upon petition to issue a declaratory ruling under Code Section 50-13-11 as to whether any planned change in a health spa is a substantial change or whether alternate locations are substantially similar under this Code section. Such declaratory rulings shall be subject to review as under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.'

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(g) Every contract for health spa services shall contain a clause providing that if the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this subsection, `total and permanent disability' means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition. (h) The health spa contract shall state that if a consumer has a history of heart disease, he should consult a physician before joining a spa. (i) Every health spa contract shall comply with either paragraph (1) or paragraph (2) of this subsection: (1) (A) The written contract used shall contain the following clause: `Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.' (B) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract. (C) There can be no payments of any type, including but not limited to, down payments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the equal monthly installment payments.

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(D) There can be no complimentary, compensatory, or other extensions of the term incident to the term of the contract, including but not limited to a promise of lifetime renewal for a minimal annual fee, provided that an agreement of both parties to extend the term of the contract to compensate for time during which the member could not fully utilize the spa due to a temporary physical or medical condition arising after the member joined shall not be considered to bring the spa into noncompliance under this paragraph; or (2) (A) The written contract used shall contain the following clause: `Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.' (B) The written contract shall contain the following statement in boldface type which is larger and bolder than any other type which is in the contract and in at least 14 point boldface, which statement must be separately signed by the consumer: `NOTICE State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.' (j) An alternate location for a health spa shall not be considered substantially similar if: (1) The original facility was limited to use by members of one sex and the alternate facility is used by members of both sexes;

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(2) The original facility was for use by members of both sexes and the alternate facility's use is limited to members of one sex; or (3) The size, facilities, equipment, or services available to the member at the alternate location are not substantially equal to or do not exceed the size, facilities, equipment, or services available to the member at the health spa location at which the contract was entered into. (k) Every contract for health spa services shall contain a clause providing that if the member dies during the membership term or any renewal term, his or her estate may cancel the contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The contract may require the member's estate seeking relief under this subsection to provide reasonable proof of death. (l) (1) A health spa shall not enter or offer to enter into a health spa agreement with a consumer unless the health spa is fully operational and available for use. (2) For purposes of this subsection, `fully operational and available for use' means that all of the facilities, equipment, or services which are promised at the time of entering into the membership contract are operational and available for use at that time. Nothing contained in this subsection shall be construed to prohibit a health spa from selling a membership for existing services and facilities at a location under construction which can be converted at a later date to a membership for additional services and facilities, provided that: (A) The additional services and facilities are fully operational and available for use at the time of the conversion; (B) Additional consideration, other than just a nominal consideration, is required from the consumer under the terms of the conversion; and

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(C) The member has until seven days following the date the additional consideration or a part of the additional consideration becomes due and owing to cancel the remainder of the contract and receive a refund computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months remaining under the membership term. (3) The provisions of this subsection shall not apply if all of the following conditions are met: (A) The health spa has submitted forms prescribed by the administrator requiring, in addition to whatever other information the administrator may require, as much detail as to the size, facilities, equipment, or services to be provided as the administrator may require; (B) The health spa has obtained the approval in writing of the administrator to sell memberships to a health spa before it is fully operational and available for use; (C) The health spa has agreed in writing with the administrator, on forms prescribed by the administrator, to deposit all funds obtained by selling memberships before a health spa is fully operational and available for use in a single account in a bank or trust company domiciled in the State of Georgia. Such deposits are to be held in safekeeping for release only upon authorization of the administrator. The bank or trust company must be approved by the administrator. The administrator may consult with the commissioner of banking and finance or with any of the employees of the commissioner of banking and finance regarding whether the bank or trust company should be approved and may disapprove the bank or trust company if he has reason to believe any deposits into the account might not be secure; (D) Each deposit to the single account established under this paragraph shall be identified by the

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name and address of the individual who purchased the membership. The bank or trust company and the health spa shall maintain a list of the deposits, their amount, and the name and address of the membership purchaser, which list shall be available to the administrator or for inspection or copying by the administrator's employees upon request; (E) The condition of the account established under this paragraph shall be that no funds shall be released from the account to any person unless the administrator has certified in writing to the bank or trust company that either the health spa is fully operational and available for use or that the health spa has not complied and does not appear likely to comply with its obligation to make the health spa fully operational and available for use in accordance with the documents submitted to the administrator or in accordance with representations made to membership purchasers. No action may be maintained in any court against the administrator or any of his employees for any determination or as a consequence of any determination made by the administrator under this subparagraph unless the administrator's determination was a willful and wanton abuse of discretion given the facts and circumstances actually provided to the administrator in making this determination; (F) If the administrator certifies to the bank or trust company that the health spa is fully operational and available for use, then the funds in the account shall be released to the health spa, along with any accrued interest. If the administrator certifies to the bank or trust company that the health spa has not complied and does not appear likely to comply with its obligation to make the health spa fully operational and available for use, then the funds in the account shall be released to the administrator on behalf of the individuals who purchased memberships prior to the health spa's being fully operational and available for use. Any accrued interest on the account shall be paid on a pro rata basis to the membership purchasers;

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(G) Any costs imposed by the bank or trust company for administering the account shall be borne by the health spa; and (H) The member shall have until seven business days following the date upon which the health spa becomes fully operational and available for use to cancel the contract and receive a full refund of any payments and the cancellation of any evidence of indebtedness, provided that the member shall be liable for the fair market value of any services actually received, which in no event shall exceed $50.00. The preparation of any documents shall not be construed to be services; provided, however, that all documents prepared which are merely ancillary to services which are actually rendered shall not prevent the health spa from charging for such services actually rendered up to the limits specified in this subparagraph. (m) All moneys due the consumer under contracts canceled for the reasons contained in this Code section shall be refunded within 30 days of receipt of such notice of cancellation. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer, except in the case of a deceased member. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered; provided, however, that should the consumer continue to use the facilities or services during the 30 day period, the cancellation shall be effective on the first business day following the last day on which the consumer uses the facility or services. (n) Any contract which does not comply with this Code section shall be void and unenforceable; no purchaser of any note associated with or contained in any health spa contract shall

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make any attempt to collect on the note or to report the buyer as delinquent to any consumer reporting or consumer credit reporting agency if there has been any violation by the health spa of subsections (b) through (m) or of subsection (o) of this Code section. Any attempt by any purchaser or by any agent of any purchaser to collect on the note or to report the buyer as delinquent as described in this subsection shall be considered an unfair and deceptive act or practice as provided in Code Section 10-1-393. (o) After November 15, 1989, no health spa contract shall be valid or enforceable unless the health spa operator has on file a statement signed by the administrator or his designee certifying that a copy of the contract is on file with the administrator and is in compliance with this part. Health spas may begin submitting a copy of their contract for approval by the administrator on July 1, 1989, and shall submit all contract changes thereafter for approval prior to entering or offering to enter into that contract with a consumer. In addition to any action which may be taken by the administrator under this part, and in addition to any recovery of a consumer in the private action provided for under this part, any consumer who has entered into a contract which has not been approved by the administrator prior to the date of the contract shall be entitled to recover as an additional penalty an amount equal to any amount paid plus any amount claimed owing on the contract. (p) In addition to any other penalties provided for in this part, any person who operates or aids or assists in the operation of a health spa in violation of any of the provisions of subsection (i) or (o) of this Code section shall be guilty of a misdemeanor. Each day of operation of a health spa in violation of subsection (i) or (o) shall be considered a separate and distinct violation. In addition to any other penalties provided in this part, any person who violates subsection (1) of this Code section shall be guilty of a felony. Each sale of a membership in violation of subsection (l) of this Code section shall be considered a separate and distinct violation. Each failure to place properly all of the funds generated from a particular membership agreement into a properly approved and established trust account shall be considered a separate and distinct violation.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. PROFESSIONS AND BUSINESSESSTATE CONSTRUCTION INDUSTRY LICENSING BOARD; EXAMINATIONS; REVIEW COURSES; TERMINATION DATE. Code Sections 43-14-8 and 43-14-18 Amended. No. 668 (House Bill No. 344). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, so as to require applicants for licensure who fail the examination twice to present evidence of completion of a review course before being admitted to a third examination; to provide that review courses for subsequent examinations shall not be required; to provide for applicability; to extend the date of termination of the State Construction Industry Licensing Board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, is amended by adding at the end of Code Section 43-14-8, relating to the licensing of persons engaged in the business of electrical contracting, plumbing, or conditioned air contracting and the conducting of such businesses by corporations and partnerships, a new subsection (l) to read as follows:

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(l) Any applicant for licensure standing the examination on and after July 1, 1989, who fails the examination for licensure twice after such date shall be required to present satisfactory evidence to the appropriate division that the applicant has completed a board approved review course before such applicant will be admitted to a third examination. If such applicant fails the examination a third time, the applicant shall not be required to complete additional board approved review courses prior to taking subsequent examinations. Section 2 . Said chapter is further amended by striking Code Section 43-14-18, relating to termination of the board, and inserting in its place a new Code Section 43-14-18 to read as follows: 43-14-18. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Construction Industry Licensing Board shall be terminated on July 1, 1995, 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 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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PROFESSIONS AND BUSINESSESREAL ESTATE BROKERS AND SALESPERSONS; NONRESIDENT CORPORATIONS; BROKERS OF OTHER STATES; LICENSES; REAL ESTATE EDUCATION, RESEARCH, AND RECOVERY FUND. Code Title 43, Chapter 40 Amended. No. 669 (House Bill No. 340). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia; to provide for permitted activities of licensed brokers of other states; to provide for written agreements between Georgia brokers and licensed brokers of other states; to provide for jurisdiction over certain actions; to provide conditions for the reinstatement of licenses which have lapsed for longer than ten years; to provide for editorial revision and removal of certain masculine references; to revise provisions concerning the automatic revocation of a license for the failure of a licensee to notify the Georgia Real Estate Commission of a conviction within a certain time period; to provide conditions under which a broker will not be held responsible for affiliated licensees; to provide for the management and supervision of brokerage activities; to require a broker to establish certain procedures; to provide for certain information an aggrieved person must show to the court in order to recover from the real estate education, research, and recovery fund; to change certain exceptions to the operation of the chapter; to prohibit certain acts; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-6, relating to the seal of the Georgia Real Estate Commission, and inserting in its place a new Code Section 43-40-6 to read as follows:

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43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in its place a new subsection (c) to read as follows: (c) A nonresident license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license. A nonresident corporation must obtain from the Secretary of State a certificate of authority to transact business in this state. Section 3 . Said chapter is further amended by adding at the end of Code Section 43-40-9, relating to nonresident licenses, two new subsections, to be designated subsections (j) and (k), to read as follows: (j) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state

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broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a `licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide: (1) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia; (2) How the brokers will divide any earned commissions; (3) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker; (4) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker; (5) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; (6) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission and that said contract, agreement, or offer shall be construed under Georgia law and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer; (7) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia

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broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and (8) Such other matters as the commission may require by rule and regulation. (k) Whenever an out-of-state broker operating under a written agreement permitted by subsection (j) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection (j) of this Code section and the commission's rules and regulations. Section 4 . Said chapter is further amended by striking subsection (f) of Code Section 43-40-12, relating to license fees generally, and inserting in its place a new subsection (f) to read as follows: (f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reinstates it under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in subsection (a) or (b) of Code Section 43-40-8.

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Section 5 . Said chapter is further amended by striking subsections (e) and (h) of Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and inserting in their respective places new subsections (e) and (h) to read as follows: (e) The conduct provided for in subsections (a), (b), and (c) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for suspension or revocation of a license under this chapter when the conduct is that of a licensee. (h) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. The failure of a licensee to notify the commission of the licensee's conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensee's license prior to any hearing at the time the commission receives evidence of that conviction. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter. Section 6 . Said chapter is further amended by striking Code Section 43-40-18, relating to the operation of branch offices, and inserting in its place a new Code Section 43-40-18 to read as follows: 43-40-18. (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-6. (b) A real estate broker or qualifying broker shall be held responsible for any licensee whose license is affiliated with such broker's firm should such licensee violate any of the provisions of this chapter and its attendant rules and regulations unless the broker is able to demonstrate that such broker: (1) Had reasonable procedures in place for supervising the affiliate's actions;

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(2) Did not participate in the violation; and (3) Did not ratify the violation. No provision of this subsection shall be construed as altering the provisions of Code Section 43-40-30.1. (c) The real estate brokerage activities of each firm shall be under the direct management and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for: (1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations; (2) Providing programs for study and review of this chapter and its rules and regulations for all licensed associates; (3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract; (4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations; (5) Ensuring that the firm pays to its affiliated licensees commissions for performing the acts of a licensee only if they maintain valid, current real estate licenses and that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure; (6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain;

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(8) Providing all licensed personnel with written policies and procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and (10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm. (d) While a broker or qualifying broker may elect to delegate any of the management duties cited in subsection (c) of this Code section, such broker or qualifying broker is responsible for the acts of the person to whom such duty is delegated. (e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains. Section 7 . Said chapter is further amended by striking subparagraph (d)(3)(A) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in its place a new subparagraph (d)(3)(A) to read as follows: (A) At the time of the cause of action, was not a spouse of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such person or persons;.

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Section 8 . Said chapter is further amended by striking Code Section 43-40-25, relating to violations by licensees, schools, and instructors generally, and inserting in its place a new Code Section 43-40-25 to read as follows: 43-40-25. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following: (1) Refusing because of race, color, sex, religion, or national origin to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensee's possession which belongs to others; (4) Commingling the money or other property of the licensee's principals with the licensee's own; (5) Failing to maintain and deposit in a separate, noninterest-bearing checking account all money received by

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said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal; (7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, a listing contract, or a management agreement to break such contract or agreement for the purpose of substituting in lieu thereof a new contract or agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if the licensee knows that

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such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker; (15) Accepting employment or compensation for appraising real estate, contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which the licensee has an undisclosed interest; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage; (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions to the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was

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disbursed; the broker shall retain true copies of such statements in the broker's files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the knowledge of all parties for whom the licensee acts; (23) Failure of an associate broker or salesperson to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate broker or salesperson in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing or sales contract from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; or

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(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker. (b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the saverity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after a hearing. Section 9 . Said chapter is further amended by striking Code Section 43-40-29, relating to exceptions to the operation of the chapter, and inserting in its place a new Code Section 43-40-29 to read as follows: 43-40-29. (a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989; (2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;

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(3) A licensed practicing attorney acting solely as an incident to the practice of law; (4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument; (5) Any officer or employee of a government agency in the conduct of official duties; (6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein; (7) Any person who, as owner or through another person engaged by such owner on a full-time basis, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person; (8) Any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; or (9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who does not receive a fee for such referral from the party being referred. (b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44. (c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license.

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(d) Any individual employed by a broker to manage residential rental property on behalf of the broker under a written management agreement which the broker procured from and negotiated with the owner shall not be required to be licensed under this chapter. Any broker utilizing the services of such an individual shall be held responsible under this chapter for the brokerage activities of that individual. (e) The exceptions in subsection (a) of this Code section are not applicable to a person who uses or attempts to use them for the purpose of evading licensure required by this chapter. Section 10 . Said chapter is further amended by striking subsection (b) of Code Section 43-40-30, relating to persons acting without a license, and inserting in its place a new subsection (b) to read as follows: (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29. Except as provided by subsection (d) of Code Section 43-40-29, it shall be unlawful for a real estate licensee to permit an unlicensed person to perform the acts of a real estate licensee in behalf of such licensee. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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PROPERTYDISCLOSURE OF VIRUS, DISEASE, HOMICIDE, FELONY, OR SUICIDE; ACTIONS. Code Section 44-1-16 Enacted. No. 670 (House Bill No. 519). AN ACT To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose in any real estate transaction that the property is or was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide; to provide for responses to the inquiries of prospective purchasers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, is amended by adding after Code Section 44-1-15, relating to the removal or destruction of survey monuments, a new Code Section 44-1-16 to read as follows: 44-1-16. No cause of action shall arise against an owner of real property or the agent of such owner for the failure to disclose in any real estate transaction the fact or suspicion that such property: (1) Is or was occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person; or (2) Was the site of a homicide or other felony or a suicide;

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provided, however, an owner or the agent of such owner shall answer truthfully to the best of such owner's or agent's knowledge, any question concerning the provisions of paragraph (1) or (2) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. STATE GOVERNMENTPUBLICATIONS OF THE EXECUTIVE BRANCH; COST INFORMATION. Code Title 50, Chapter 18, Article 1 Revised. No. 671 (Senate Bill No. 299). AN ACT To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to revise provisions which require that publications of the executive branch of government indicate certain cost information on the cover of the publication; to provide for the applicability of said provisions to various governmental entities; to provide for cost calculations; to define a criminal offense and provide criminal penalties; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, relating to cost information on the covers of certain publications, and inserting in its place a new Article 1 to read as follows:

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ARTICLE 1 50-18-1. (a) Each pamphlet, booklet, brochure, or other promotional publication printed by an agency or department of the executive branch, except the `Farmers and Consumers Market Bulletin' published by the Department of Agriculture, shall clearly show on its cover the number of copies of that particular publication printed, the approximate cost of such printing which shall be defined as the costs of the actual printing process including press time and paper, and a statement to read `APPROXIMATE COST OF PRESS TIME AND PAPER ONLY'. (b) The approximate cost of such printing shall be provided by the agency or department, based on estimates or other information provided by the private or public entity performing such printing. 50-18-2. (a) This article shall not apply to tax forms, returns, pamphlets, and instructional publications of the Department of Revenue. (b) This article shall not apply to any publication which is required or established by statute or which has as its primary purpose to provide information or instruction to persons, corporations, or other entities regulated by, registered with, employed by, seeking employment with, or doing business with the state. (c) This article shall not apply to the printing of any portion of the Official Code of Georgia Annotated or rules adopted pursuant to the `Georgia Administrative Procedure Act,' Chapter 13 of this title. 50-18-3. The Governor, through the Office of Planning and Budget, shall monitor compliance with this article and shall ensure that any agency or department in violation of this article is notified of and corrects any reported or identified problems of noncompliance. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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GEORGIA SERVICE CENTER FOR HEARING IMPAIRED PERSONSESTABLISHMENT. Code Section 30-1-5 Enacted. No. 672 (Senate Bill No. 38). AN ACT To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, is amended by adding at the end thereof a new Code section to read as follows: 30-1-5. (a) For purposes of this Code section, the term `hearing impaired person' means any person whose hearing is totally impaired, is so seriously impaired as to prohibit the person from understanding oral communication spoken in a normal conversational tone, or as a result of either such impairment is severely speech impaired. (b) The Department of Human Resources shall establish a Georgia Service Center for Hearing Impaired Persons. The center shall provide services to hearing impaired persons, which services shall include, without being limited to: (1) Telecommunications Devices for the Deaf (TDD) relay services using nonhearing impaired third parties to connect hearing impaired persons with nonhearing impaired persons;

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(2) A full range of counseling services to hearing impaired persons and their immediate families including, without being limited to, family, marital, and individual counseling; drug and alcohol abuse support groups; and parenting skills groups; and (3) Community outreach services to inform the general public and state and local government agencies regarding the services provided by the center. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACTLAW ENFORCEMENT CHIEF EXECUTIVE TRAINING CLASS; FUNDING; SANCTIONS. Code Section 35-8-20.1 Enacted. No. 673 (Senate Bill No. 122). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly appointed chiefs of police and heads of law enforcement units to attend a law enforcement chief executive training class; to provide for funding; to provide for sanctions against newly appointed chiefs of police or department heads of law enforcement units who fail to comply with such training requirements; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by inserting immediately following Code Section 35-8-20 a new Code Section 35-8-20.1 to read as follows: 35-8-20.1. (a) Any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after December 31, 1989, shall complete 40 hours of law enforcement chief executive training at the next scheduled law enforcement chief executive training class sponsored by the Georgia Association of Chiefs of Police following his appointment. Such training shall be in addition to the basic training required of peace officers in Code Section 35-8-9. (b) The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided by the Georgia Association of Chiefs of Police which have been recognized by the Georgia Peace Officer Standards and Training Council. (c) The council is authorized to expend funds appropriated or otherwise available to it for paying the costs of such training other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the provisions of this Code section. (d) The salary and travel expenses of a chief of police or department head of a law enforcement unit taking the required training shall be paid by the law enforcement unit by which he is employed. (e) Any newly appointed chief of police or department head of a law enforcement unit who does not fulfill the training requirement of this Code section shall lose his power of arrest. (f) Any newly appointed chief of police or department head of a law enforcement unit who satisfactorily completes the training required by subsection (a) of this Code section shall be exempted for the year in which he completes such training from the training required by subsection (a) of Code Section 35-8-20.

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(g) A chief of police or head of a law enforcement department who successfully completes the training required by subsection (a) of this Code section will not be required to repeat such training if he terminates an appointment and is subsequently reappointed to the same or another department. (h) A waiver of the requirement of training provided in this Code section may be granted by the Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a newly appointed chief of police or department head of a law enforcement unit that he was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (i) Any chief of police or department head of a law enforcement unit who is exempted from the training required by subsection (a) of this Code section may choose to attend such training in lieu of the training required by Code Section 35-8-20 for any year. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. EVIDENCECHILDREN; COMPETENCY TO TESTIFY; CREDIBILITY. Code Section 24-9-5 Amended. No. 674 (Senate Bill No. 216). AN ACT To amend Article 1 of Chapter 9 of Title 24, relating to competency of witnesses, so as to provide that in cases of child molestation and other criminal cases in which a child was a victim or a

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witness, such child shall be competent to testify and his credibility shall be determined by the trier of fact; 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 . Article 1 of Chapter 9 of Title 24, relating to competency of witnesses, is amended by striking in its entirety Code Section 24-9-5, relating to competency to testify of persons without use of reason, and inserting in lieu thereof a new Code Section 24-9-5 to read as follows: 24-9-5. (a) Except as provided in subsection (b) of this Code section, persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children who do not understand the nature of an oath, shall be incompetent witnesses. (b) Notwithstanding the provisions of subsection (a) of this Code section, in all cases involving child molestation, and in all other criminal cases in which a child was a victim of or a witness to any crime, any such child shall be competent to testify, and his credibility shall be determined as provided in Article 4 of this chapter. Section 2 . This Act shall not apply to crimes or offenses which took place prior to 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 19, 1989.

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STATE GOVERNMENTDEPARTMENT, BOARD, AND COMMISSIONER OF INDUSTRY AND TRADE; NAME CHANGED TO DEPARTMENT, BOARD, AND COMMISSIONER OF INDUSTRY, TRADE, AND TOURISM. Code Titles 2, 7, 10, 12, 45, and 50 Amended. No. 675 (Senate Bill No. 82). AN ACT To amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking paragraph (4) of subsection (a) of Code Section 2-3-5, relating to the composition and organization of the Georgia Agrirama Development Authority, and inserting in its place a new paragraph to read as follows: (4) The director of the Tourist Division of the Department of Industry, Trade, and Tourism;. Section 2 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking paragraph (9) of Code Section 7-1-745, relating to powers of Georgia business development corporations, and inserting in its place a new paragraph to read as follows: (9) To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Department of Industry, Trade, and Tourism, and any other similar state or

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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 the business prosperity and economic well-being of such communities or of this state or any political subdivision thereof;. Section 3 . Said Title 7 is further amended by striking paragraph (9) of Code Section 7-1-945, relating to powers of small minority business development corporations, and inserting in its place a new paragraph to read as follows: (9) To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Department of Industry, Trade, and Tourism, 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;. Section 4 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking subsection (a) of Code Section 10-9-4, relating to the purpose and powers of the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in its place a new subsection (a) to read as follows: (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, Trade, and Tourism 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.

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Section 5 . Said Title 10 is further amended by striking Code Section 10-9-5, relating to contracts between the Department of Industry and Trade and the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in its place a new Code section to read as follows: 10-9-5. The authority is authorized and directed to contract with the Department of Industry, Trade, and Tourism to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department of Industry, Trade, and Tourism is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the Department of Industry, Trade, and Tourism, as herein authorized, the authority on behalf of the Department of Industry, Trade, and Tourism shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry, Trade, and Tourism, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commission. Nothing in this Code section nor anything in any contract between the authority and the Department of Industry, Trade, and Tourism shall prevent the Department of Industry, Trade,

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and Tourism from contracting with the Georgia Building Authority for the provision of a parking facility or for any other exercise of its powers necessary or convenient to the department. Section 6 . Said Title 10 is further amended by striking Code Section 10-9-12, relating to grants and contributions to the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in its place a new Code section to read as follows: 10-9-12. The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this chapter or from the Department of Industry, Trade, and Tourism, shall have authority to accept from any federal agency grants for or in aid of the construction of any project and to receive and accept contributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made. Section 7 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking subsection (j) of Code Section 12-2-4, relating to the powers and duties of the Department of Natural Resources, and inserting in its place a new subsection to read as follows: (j) It is the intent and purpose, in creating the Department of Natural Resources, that the department shall confer with, cooperate with, and work in harmony with the Department of Industry, Trade, and Tourism on all new activities of the Department of Natural Resources. Section 8 . Said Title 12 is further amended by striking subsection (b) of Code Section 12-5-331, relating to duties and powers of the Department of Natural Resources with respect to development of the state's rivers, and inserting in its place a new subsection to read as follows: (b) Such information pertinent to the development of Georgia's rivers as may be obtained by the Department of Natural Resources may be filed from time to time with the Department of Industry, Trade, and Tourism and, subject to approval of the Governor and the Secretary of State, with the Department of Archives and History.

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Section 9 . Said Title 12 is further amended by striking Code Section 12-8-102, relating to the composition and organization of the Georgia Hazardous Waste Management Authority, and inserting in its place a new Code section to read as follows: 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 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, trade, and tourism, 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. Section 10 . 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 notice of changes in the compensation of certain officials, and inserting in its place a new subsection to read as follows:

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(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, trade, and tourism, 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 Ethics Commission. Section 11 . Said Title 45 is further amended by striking paragraph (5) of Code Section 45-7-21, relating to compensation of the members of certain boards and commissions, and inserting in its place a new paragraph to read as follows: (5) Board of Industry, Trade, and Tourism;. Section 12 . Said Title 45 is further amended by striking Code Section 45-7-22, relating to reimbursement of relocation expenses of state employees, and inserting in its place a new Code section to read as follows: 45-7-22. Notwithstanding any law, rule, or regulation to the contrary, a state department may reimburse an employee of state government for expenses incurred for transportation of household goods and expenses incident to a change of residence from one part of the state to another as a result of an action of the state department requiring such relocation when such action is in the best interest of the department; provided, however, that the Department of Industry, Trade, and Tourism may also reimburse an employee of that department for transportation of household goods and expenses incident to a change of residence to a foreign country as a result of an action of that department requiring such relocation when such action is in the best interest of that department.

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Section 13 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subparagraph (N) of paragraph (1) of Code Section 50-5-31, relating to definitions of terms relating to administrative space management, and inserting in its place a new subparagraph to read as follows: (N) Space in buildings located on and used in direct support of any welcome center or rest station under the jurisdiction of the Tourist Division of the Department of Industry, Trade, and Tourism;. Section 14 . Said Title 50 is further amended by striking Chapter 7, relating to the Department of Industry and Trade, and inserting in its place a new chapter to read as follows: CHAPTER 7 ARTICLE 1 50-7-1. There is created as a part of the executive branch of the state government the Department of Industry, Trade, and Tourism. 50-7-2. There is created the office of commissioner of industry, trade, and tourism, 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 of Industry, Trade, and Tourism. His compensation shall be fixed by the board. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction as the board shall provide. The commissioner shall receive expenses, including mileage, as do other state officials and employees. The board is authorized to designate an assistant commissioner and such other employees as are necessary to carry out and effectuate this chapter. The commissioner is further authorized and empowered to reimburse authorized personnel of the department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation. 50-7-3. (a) The department shall be under the direction and supervision of a Board of Industry, Trade, and Tourism.

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(b) On and after July 1, 1983, the Board of Industry, Trade, and Tourism shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. (c) The first members appointed under this Code section shall be appointed for terms which begin July 1, 1983. The members of the Board of Industry, Trade, and Tourism serving on April 1, 1983, shall remain in office until their successors are appointed and qualified. 50-7-4. The board shall be the policy-determining body for the department and shall have the duties, powers, authority, and jurisdiction provided in this chapter. 50-7-5. The members of the board shall receive no compensation for their services but shall be entitled to receive actual expenses incurred by them in the performance of their duties. The expenses, including mileage, shall be paid on the same basis as for other state officials and employees. 50-7-6. The board shall adopt procedures for its own operation and for the transaction of business including, but not limited to, setting a quorum for meetings and for the transaction of business; setting meeting dates, times, and places; and calling meetings.

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50-7-7. The board shall have the following duties and powers: (1) To investigate, study, and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Georgia business, industry, and commerce within and outside the state; (2) To make and prepare plans and establish long-term policies for the promotion, establishment, development, and expansion of commerce and industry in the state; (3) To promote and encourage the location, establishment, and development of new businesses and industries within the state and the development and expansion of businesses and industries now or hereafter located in the state; (4) To promote and encourage the establishment, maintenance, development, and expansion of markets for the products of Georgia business, industry, and agriculture; (5) To promote and encourage the use of the commercial, industrial, and agricultural facilities and resources of the state by persons, businesses, and industries located within or outside the state; and particularly to promote and encourage the expansion and development of industries processing or using agricultural, timber, timber products, and natural resources of the state; (6) To establish, develop, and maintain an effective business information service, both for the direct assistance of business and industry of the state and for the encouragement of industries outside the state to use commercial, industrial, and agricultural facilities within the state; (7) To promote and encourage the establishment, development, and maintenance of commerce and trade between this state and other states and foreign counties; to plan for the removal of, and to devise and put into operation ways and means of removing, trade barriers of any kind which in any way hamper, burden, restrict, or interfere with

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the free flow of commerce and trade between this state and other states; and (8) To plan and conduct a program of information and publicity designed to attract tourists, visitors, and other interested persons from outside the state to this state and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes. 50-7-8. The board shall also have the following duties and powers: (1) To conduct and make such surveys and investigations, to gather and compile such information, and to make and prepare such reports, plans, and maps as may be necessary or proper effectually to discharge the duties and exercise the powers of the board enumerated in this article; (2) To engage in and promote and encourage research designed to further new and more extensive uses of the agricultural and natural resources or other products or resources of the state and designed to develop new products and industrial processes; (3) To study trends and developments in business, industry, and agriculture in the state and analyze such trends and developments and the reasons therefor; to study costs and other factors underlying the successful operation of businesses and industries in the state; and to make recommendations regarding circumstances promoting or hampering industrial or agricultural development; (4) To collect, compile, and publish periodically a census of business and industry in the state with the cooperation of other agencies, and to analyze and publish information relating to current conditions of business, industry, and agriculture in the state; (5) To compile, publish, and make available for distribution to interested persons the results of any and all studies, surveys, and investigations; any and all information

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gathered; and any and all reports made and plans and maps prepared; (6) To coordinate any of its activities, efforts, or functions with those of any other agency or agencies of the federal government, this state, other states, and local governments having duties, powers, or functions similar to those of the board, and to cooperate, counsel, and advise with such agencies; (7) To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources of the state; (8) To cooperate, counsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce, industry, or agriculture, publicity, and other related activities and functions; (9) To receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board; (10) To authorize the Department of Industry, Trade, and Tourism in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board; and (11) To authorize the Department of Industry, Trade, and Tourism to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote the economic and tourist

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development of the State of Georgia and make efficient use of state appropriated advertising and promotional funds. 50-7-9. The board shall make, from time to time, written recommendations to the Governor and to the General Assembly concerning the improvement of conditions under which business, industry, and agriculture are carried on in the state and the elimination of any restrictions or burdens imposed by law or otherwise which adversely affect or retard the legitimate development and expansion of commerce, business, industry, trade, or agriculture in the state. 50-7-10. The board may accept grants and gifts from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals. 50-7-11. All funds received by the board from grants or gifts made to and accepted by the board pursuant to Code Section 50-7-10 shall be used by the board to pay the expanses and costs of the operation of the department. 50-7-12. (a) The Governor shall have authority to direct and provide for the construction of welcome centers at or near the point of entrance into this state of any federal highway. The Department of Transportation may exercise the power of eminent domain in acquiring fee simple title to suitable locations for the erection of such welcome centers. Any welcome center acquired prior to April 23, 1969, may be maintained and improved, regardless of whether the fee simple title therefor is in the state. (b) It shall be the duty of the Department of Industry, Trade, and Tourism to construct, operate, and maintain the welcome centers and keep them supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state. (c) The Department of Industry, Trade, and Tourism, with the concurrence of the Department of Transportation, is further

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authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Industry, Trade, and Tourism. The Department of Industry, Trade, and Tourism is also authorized to provide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this state. 50-7-13. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Industry, Trade, and Tourism to offset the cost of maintenance of all welcome centers and tourist centers and litter pickup in these areas. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of maintenance of all safety rest areas and litter pickup in these areas. 50-7-14. (a) The Governor shall have authority to direct and provide for the construction of a tourist center on real property owned by or which may be acquired by the state within the general vicinity or area of the domestic residence of any citizen of this state when such citizen has been elected President of the United States and the Governor determines that the number of tourists and other persons visiting the area justifies the center. (b) It shall be the duty of the Department of Industry, Trade, and Tourism to construct, operate, and maintain the tourist center and keep it supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state.

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(c) The Department of Industry, Trade, and Tourism is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the department. The Department of Industry, Trade, and Tourism shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise furthering the purposes for which the center is created. The Department of Industry, Trade, and Tourism is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department. (d) The Department of Industry, Trade, and Tourism may also enter into contracts with other state, local, or federal agencies or with other persons to assist it in construction, operation, or maintenance of the center. The department may acquire real and personal property for such purposes. 50-7-15. The Department of Industry, Trade, and Tourism, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the department to discuss the location or development of new business, industry, or tourism within the state. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least every six months.

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ARTICLE 2 50-7-30. The principal activities of the Department of Industry, Trade, and Tourism under this article are to promote participation in and arrange forthe location of marine research and industrial activities. The department may delegate to its officers, agents, and employees such duties as it may deem proper to carry out the purposes of this article. The department may contract with any department, board, or agency of the state, local, or federal government; the University System of Georgia or any of its component units; other public or private colleges and universities; nonprofit organizations; foundations; corporations; private business firms; and individuals as shall be consonant with the purposes of this article. ARTICLE 3 50-7-40. The Department of Industry, Trade, and Tourism 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

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good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens. Section 15 . Said Title 50 is further amended by striking subsection (a) of Code Section 50-10-3, relating to composition and organization of the Georgia Development Authority, and inserting in its place a new subsection to read as follows: (a) There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the authority; the state auditor, ex officio; the commissioner of industry, trade, and tourism, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026. Section 16 . Said Title 50 is further amended by striking subsection (a) of Code Section 50-12-1, relating to composition and organization of the Georgia Commission for the National Bicentennial Celebration, and inserting in its place a new subsection to read as follows: (a) The Georgia Commission for the National Bicentennial Celebration is created and established within the office of the Secretary of State. The commission shall be composed of six members of the Senate to be appointed by the President of the Senate and six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. There shall be 14 members appointed by the Secretary of State, one from the membership of each of the following organizations:

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(1) Children of the American Revolution; (2) Daughters of the American Revolution; (3) Association County Commissioners of Georgia; (4) Georgia Business and Industry Association; (5) Georgia Historical Society; (6) Georgia Association of Historians; (7) Georgia Municipal Association; (8) Georgia Press Association; (9) Georgia State Chamber of Commerce; (10) Sons of the American Revolution; (11) Sons of the Revolution; (12) The Society of the Cincinnati in the State of Georgia; (13) The Georgia Association of Broadcasters; and (14) Georgia Regional Executive Directors Association; and six citizens from the state at large, three to be appointed by the Governor and three by the Secretary of State. The Secretary of State, the director of the Department of Archives and History, the Commissioner of Agriculture, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the adjutant general, the commissioner of public safety, the State School Superintendent, the commissioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of transportation, the Governor's advisor on the arts, the director of the Office of Planning and Budget, the state historical preservation officer, and the chancellor of the University System of Georgia shall be ex officio members of the commission.

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Section 17 . Said Title 50 is further amended by striking subsection (a) of Code Section 50-23-3, relating to composition and organization of the Georgia Environmental Facilities Authority, and inserting in its place a new subsection to read as follows: (a) There is created a body corporate and politic to be known as the Georgia Environmental Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of industry, trade, and tourism, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be from the public at large. Any municipal or county official shall serve only so long as he remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the expiration of these terms, the terms of all succeeding members shall be for four years. Section 18 . In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act. Section 19 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 20 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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BUILDINGS AND HOUSINGSTATE MINIMUM STANDARD CODES; APPLICATION; ENFORCEMENT BY COUNTIES AND MUNICIPALITIES; INSPECTORS; TRAINING PROGRAMS; MANUFACTURED HOMES. Code Title 8, Chapter 2, Article 1 Amended. No. 676 (House Bill No. 154). AN ACT To amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions relating to state minimum standard codes; to change the definition of the term state minimum standard codes; to change certain provisions relating to the adoption and continuation of state minimum standard codes; to provide for the enforcement of appendices of state minimum standard codes under certain circumstances; to delete certain provisions relating to the adoption and continuation of the Georgia State Energy Code for Buildings; to provide for the licensing of trades, professions, and businesses covered by certain provisions of law; to change the provisions relating to the amendment and revision of codes generally; to provide for the adoption of new editions of state minimum standard codes; to change the composition of the advisory committee; to provide for the appointment of subcommittees; to provide for the appeal of certain actions of the advisory committee to the Board of Community Affairs; to provide that certain state minimum standard codes shall have state-wide application; to provide that municipalities and counties are authorized to enforce such state minimum standard codes with state-wide application; to provide that other state minimum standard codes shall be applicable and may be enforced upon adoption by a municipality or county; to provide procedures for the amendment of state minimum standard codes; to change the provisions relating to the enforcement of state minimum standard codes; to delete certain provisions relating to state inspectors; to provide for training programs conducted by the Department of Community Affairs; to prohibit certain actions by local inspectors; to delete certain provisions relating to local licensing authorities; to require that municipalities and counties only adopt or enforce certain state minimum standard codes on and after a certain date; to change the provisions relating to the effect and applicability of state minimum standard codes; to

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except manufactured homes from certain provisions of law; 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 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by striking in its entirety paragraph (9) of Code Section 8-2-20, relating to definitions with respect to state building, plumbing, electrical, etc. codes, which reads as follows: (9) `State minimum standard codes' means the following codes: (A) Georgia State Housing Code; (B) Georgia State Building Code; (C) Georgia State Plumbing Code; (D) Georgia State Air Conditioning and Heating Code; (E) Georgia State Electrical Code; and (F) Georgia State Gas Code. The term `state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings., and inserting in lieu thereof a new paragraph (9) to read as follows: (9) (A) (i) Prior to October 1, 1991, `state minimum standard codes' means the following codes: (I) Georgia State Housing Code; (II) Georgia State Building Code; (III) Georgia State Plumbing Code;

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(IV) Georgia State Air Conditioning and Heating Code; (V) Georgia State Electrical Code; and (VI) Georgia State Gas Code. (ii) The term `state minimum standard codes' shall specifically not include the Georgia State Energy Code for Buildings. (B) (i) On and after October 1, 1991, `state minimum standard codes' means the following codes: (I) Standard Building Code (SBCCI); (II) National Electrical Code as published by the National Fire Protection Association; (III) Standard Gas Code (SBCCI); (IV) Standard Mechanical Code (SBCCI); (V) Georgia State Plumbing Code or the Standard Plumbing Code (SBCCI); (VI) Council of American Building Officials One- and Two-Family Dwelling Code, with the exception of Part V - Plumbing (Chapters 20-25) of said code; (VII) Georgia State Energy Code for Buildings as adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991; (VIII) Standard Housing Code (SBCCI); (IX) Standard Amusement Device Code (SBCCI);

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(X) Excavation and Grading Code (SBCCI); (XI) Standard Existing Buildings Code (SBCCI); (XII) Standard Fire Prevention Code (SBCCI); (XIII) Standard Swimming Pool Code (SBCCI); and (XIV) Standard Unsafe Building Abatement Code (SBCCI). (ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23. (C) References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) of this paragraph. (D) The term `state minimum standard codes' shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code. Section 2 . Said article is further amended by striking in its entirety Code Section 8-2-21, relating to adoption and continuation of state minimum standard codes, and inserting in lieu thereof a new Code Section 8-2-21 to read as follows: 8-2-21. (a) The state minimum standard codes, which were prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 21, 1969 (Ga. L. 1969, p.

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546), as amended, as such codes exist on June 30, 1989, are adopted and continued in their entirety by the department until October 1, 1991, at which time all of said codes shall be repealed in their entirety, except the Georgia State Plumbing Code which will be continued as it exists on October 1, 1991, to facilitate the provisions of subdivision (9)(B)(i)(V) of Code Section 8-2-20 and the other provisions of this part. The said Georgia State Plumbing Code may be amended thereafter as provided in subsection (a) of Code Section 8-2-23. (b) Enforcement of the state minimum standard codes provided for in division (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when: (1) Any provision of an appendix is specifically referenced in the code text; (2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or (3) An appendix to a code is specifically adopted by the department with the approval of the board. Section 3 . Said article is further amended by striking in its entirety Code Section 8-2-22, relating to the adoption and continuation of the Georgia State Energy Code for Buildings, which reads as follows: 8-2-22. The Georgia State Energy Code for Buildings, which was prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on July 1, 1980, is adopted and continued in its entirety by the department. This code shall continue to have state-wide application and shall not require adoption by county and municipal governments before it shall be effective in individual counties and municipalities., and inserting in lieu thereof the following: 8-2-22. Provisions for licensing trades, professions, and businesses covered by the provisions of this article shall be as determined by Chapter 14 of Title 43 and the rules and regulations

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of the State Construction Industry Licensing Board created in such chapter. Section 4 . Said article is further amended by striking in its entirety Code Section 8-2-23, relating to amendment and revision of codes generally, and inserting in lieu thereof a new Code Section 8-2-23 to read as follows: 8-2-23. (a) (1) The department, with the approval of the board, may from time to time revise and amend the state minimum standard codes either on its own motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new provision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department. (2) Revisions of or amendments to the Georgia State Energy Code for Buildings shall not become effective without the approval of the Office of Energy Resources. The department shall consult with the Office of Energy Resources during the revision or amendment of such code and shall submit such revisions or amendments to the Office of Energy Resources for approval at least ten days prior to the adoption thereof. (3) The department shall make copies of amendments to codes available to members of the general public at such price as it deems reasonable to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chapter 3 of Title 25 at least ten days prior to the effective date of such amendments.

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(4) The revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety, and general welfare. (b) (1) The department, with the approval of the board, may adopt a new edition of any state minimum standard code either on its own motion or upon recommendation from any profession, state agency, or political subdivision of this state. Upon approval by a majority of the board, each new code edition shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum standard code, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department. (2) Notwithstanding the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' or any other provision of law, the department shall not be required to make available or to distribute any copies of a new edition of a state minimum standard code adopted by the department. Section 5 . Said article is further amended by striking in its entirety Code Section 8-2-24, relating to the appointment of an advisory committee, and inserting in lieu thereof a new Code Section 8-2-24 to read as follows: 8-2-24. (a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be composed of 21 members as follows: (1) The Georgia Safety Fire Commissioner or his designee as an ex officio member with full voting privileges; (2) The commissioner of human resources or his designee as an ex officio member with full voting privileges;

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(3) The commissioner of community affairs or his designee as an ex officio member with full voting privileges; (4) One representative of the home building industry; (5) One representative of the industrialized building industry; (6) One representative of the general contracting industry; (7) One representative of the profession of mechanical engineering; (8) One licensed architect; (9) One licensed electrical engineer; (10) One representative of the manufactured homes industry; (11) One licensed electrical contractor; (12) One building material dealer; (13) One licensed plumbing contractor; (14) One licensed conditioned-air contractor; (15) One licensed structural engineer; (16) Four municipal or county code enforcement officials; and (17) Two local fire officials. (b) All appointments to the committee shall be for a term of four years; provided, however, that the initial members appointed pursuant to paragraphs (4), (5), (6), (7), (9), (15), (16), and (17) of subsection (a) of this Code section shall be appointed for a term to expire on the same date as the terms of other members. A member shall serve until his successor has been duly appointed. The commissioner shall make appointments to fill the

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unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this Code section. Any appointive member who, during his term, ceases to meet the qualifications for original appointment shall thereby forfeit his membership on the committee. The commissioner shall have until August 1, 1989, to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of the committee. (c) The advisory committee shall be empowered to use subcommittees as it deems necessary to carry out its duties and responsibilities. Members of such subcommittees shall be knowledgeable of the subject matter with which the subcommittee is concerned and shall be appointed by the commissioner upon the recommendation of the advisory committee. Such subcommittee members shall be reimbursed for travel and other necessary expenses while attending subcommittee meetings in the same manner as that of advisory committee members. (d) Any amendments, modifications, or new provisions to the state minimum standard codes, when such are prepared, proposed, or recommended by the department, shall, prior to their submission to the board for approval, be submitted to the advisory committee for review and consideration. The department shall not forward any such amendment, modification, or new provision to the board without a favorable recommendation of a majority of the advisory committee. (e) The advisory committee shall have at least two regular meetings annually and shall meet at other times as determined by the commissioner. Section 6 . Said article is further amended by adding between Code Sections 8-2-24 and 8-2-25 a new Code Section 8-2-24.1 to read as follows:

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8-2-24.1. Notwithstanding the provisions of subsection (d) of Code Section 8-2-24, when any party has proposed an amendment, modification, or new provision to a state minimum standard code and the same has not received a favorable recommendation by the advisory committee, the aggrieved party may within 30 days after notification by the department of the advisory committee's action file an appeal with the board. Not more than 60 days after receiving such appeal, the board shall make a determination whether to deny the appeal or to review the proposed amendment, modification, or new provision and make a determination on the same pursuant to Code Section 8-2-23. Section 7 . Said article is further amended by striking in its entirety Code Section 8-2-25, relating to the adoption and administration of codes by municipalities and counties, which reads as follows: 8-2-25. (a) The governing authority of any municipality or county in this state is authorized to adopt the state minimum standard codes. (b) Any municipality or county which has adopted codes pursuant to charter amendment, local law, or any statute having general application may continue to operate under such codes. (c) Any county resolution or municipal ordinance legally enacted under the authority of any charter amendment, local law, or statute having general application shall remain in force and effect until or unless the county or municipality, by affirmative act of the governing authority, has adopted the state minimum standard codes provided for in this part. (d) All powers and authority granted to municipalities and counties by this part shall be cumulative and shall be in addition to all other powers and authority possessed by municipalities and counties., and inserting in lieu thereof a new Code Section 8-2-25 to read as follows: 8-2-25. (a) On and after October 1, 1991, the state minimum standard codes enumerated in subdivisions (9)(B)(i)(I)

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through (9)(B)(i)(VII) of Code Section 8-2-20 shall have statewide application and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection. (b) The state minimum standard codes enumerated in subdivisions (9)(B)(i)(VIII) through (9)(B)(i)(XIV) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumerated in this subsection in that subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the department in order that such municipality or county may be apprised of subsequent amendments in the state minimum standard code so adopted. (c) (1) In the event that the governing authority of any municipality or county finds that the state minimum standard codes do not meet its needs, the local government may provide requirements not less stringent than those specified in the state minimum standard codes when such requirements are based on local climatic, geologic, topographic, or public safety factors; provided, however, that there is a determination by the local governing body of a need to amend the requirements of the state minimum standard code based upon a demonstration by the local governing body that local conditions justify such requirements not less stringent than those specified in the state minimum standard codes for the protection of life and property. All such proposed amendments shall be submitted by the local governing body to the department 60 days prior to the adoption of such amendment. Concurrent with the submission of the proposed amendment to the department, the local governing body shall submit in writing the legislative findings of the governing body and such other documentation as the local governing body deems helpful in justifying the proposed amendment. The department shall review and comment on a proposed amendment. Such comment shall be in writing and shall be sent to the submitting local government with a recommendation:

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(A) That the proposed local amendment should not be adopted, due to the lack of sufficient evidence to show that such proposed local amendment would be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require such an amendment; (B) That the proposed local amendment should be adopted, due to a preponderance of evidence that such proposed local amendment would be as stringent as the state minimum standard codes and a preponderance of evidence that the local climatic, geologic, topographic, or public safety factors require such an amendment; or (C) That the department has no recommendation regarding the adoption or disapproval of the proposed local amendments, due to the lack of sufficient evidence to show that such proposed local amendment would or would not be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require or do not require such an amendment. (2) The department shall have 60 days after receipt of a proposed local amendment to review the proposed amendment and make a recommendation as set forth in paragraph (1) of this subsection. In the event that the department fails to respond within the time allotted, the local governing body may adopt the proposed local amendment. (3) In the event that the department recommends against the adoption of the proposed local amendment, a local governing body shall specifically vote to reject the department's recommendations before any local amendment may be adopted. (4) No local amendment shall become effective until the local governing body has caused a copy of the adopted amendment to be filed with the department. A copy of an amendment shall be deemed to have been filed with the

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department when it has been placed in the United States mail, return receipt requested. (5) Nothing in this subsection shall be construed so as to require approval by the department before a local amendment shall become effective. (6) The department shall maintain a file of all amendments to the state minimum standard codes adopted by the various municipalities and counties in the state, which information shall be made available to the public upon request. The department may charge reasonable fees for copies of such information. An index of such amendments shall be included in each new edition of a state minimum standard code. (d) Except as otherwise provided in subsection (c) of this Code section, building related codes or ordinances dealing with the subjects of historic preservation, high-rise construction, or architectural design standards for which a state minimum standard code does not exist may be adopted by a local jurisdiction following review by the department. The department's review shall be limited to a determination that the proposed code or ordinance is consistent with the approved state minimum standard codes when common elements exist and is not less restrictive than the requirement of said codes. Changes to all other state minimum standard codes shall be approved only pursuant to the provisions of this Code section regarding local amendments. Section 8 . Said article is further amended by striking in its entirety Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new Code Section 8-2-26 to read as follows: 8-2-26. (a) The governing body of any municipality or county adopting any state minimum standard code shall have the power: (1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of the state minimum standard codes, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures

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necessary to the proper administration and enforcement of the requirements of the state minimum standard codes; (2) To provide for inspection of buildings or similar structures to ensure compliance with the state minimum standard codes; (3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such codes and to provide for the authority, functions, and duties of such inspectors; (4) To require permits and to fix charges therefor; (5) To contract with other municipalities or counties adopting any state minimum standard code to administer such codes and to provide inspection and enforcement personnel and services necessary to ensure compliance with the codes; and (6) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the state minimum standard codes within the boundaries of the other contracting party. (b) The commissioner shall be authorized to establish a training program for local inspectors whereby a representative of the department, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state minimum standard code adopted by such county or municipality. The commissioner may from time to time establish regional training programs whereby the inspectors of several different counties and municipalities may take advantage of the training made available by such regional training programs. (c) No local inspector shall require any person performing work in compliance with a state minimum standard code or variations thereto which are in conformity with the provisions of this part to comply with the standards of any other building code not covered by this part.

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Section 9 . Said article is further amended by striking in its entirety Code Section 8-2-28, relating to local licensing authorities, which reads as follows: 8-2-28. Each municipality and each county adopting the state minimum standard codes as provided by this part are authorized to establish a local licensing authority consisting of not fewer than three members appointed by the governing body of such municipality or county. Any such local licensing authority shall, unless otherwise provided by law, have the power to examine and license persons engaged in the installation, alteration, and repair of plumbing, air-conditioning and heating, or electrical systems. The local licensing authority is authorized to adopt such procedures, rules, or regulations as are reasonably necessary to administer locally examinations to and issue licenses to such craftsmen., and inserting in lieu thereof a new Code Section 8-2-28 to read as follows: 8-2-28. On and after October 1, 1991, any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part. Section 10 . Said article is further amended by striking in its entirety Code Section 8-2-31, relating to the effect of Part 2 thereof, and inserting in lieu thereof a new Code Section 8-2-31 to read as follows: 8-2-31. (a) Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law. (b) Nothing in this part shall be construed as repealing or otherwise affecting authorization for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the `Georgia Historic Preservation Act.' (c) Nothing in this part shall be construed as repealing or otherwise affecting:

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(1) Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks; (2) Chapter 11 of Title 34, the `Boiler and Pressure Vessel Safety Act'; (3) Chapter 3 of Title 30, relating to access to and use of public facilities by physically handicapped persons; or (4) The Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13. (d) Standards for the construction of manufactured homes covered under Part 2 of Article 2 of this chapter shall be governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq., and nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes. Section 11 . This Act shall become effective July 1, 1989. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. SEED CAPITAL FUNDCREATION; EXPENDITURES. Code Title 10, Chapter 10 Enacted. No. 677 (House Bill No. 151). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital

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Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ventures which will increase the state's share of domestic or international markets and enhance economic development in the state; to define certain terms; to authorize the Advanced Technology Development Center to recommend expenditures from the Seed Capital Fund subject to approval by the board of regents; to provide for rules and regulations; to provide for sources of funds for the Seed Capital Fund and expenditures from said fund; to provide for certain rights of the state with respect to disbursements to investment partnerships; to provide for the uses of such fund; to provide for challenge investments for certain applicants which are investment partnerships for the purpose of investments in enterprises engaged in new product or process innovations subject to certain conditions; to provide for certain duties of investment partnerships; to provide for returns on investments of state funds; to provide for the liquidation of investment partnerships; to provide certain limitations on investments by investment partnerships; to provide for annual reports; 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 at the end thereof a new Chapter 10 to read as follows: CHAPTER 10 10-10-1. As used in this chapter, the term: (1) `Board' means the Board of Regents of the University System of Georgia. (2) `Center' means the Advanced Technology Development Center described in Code Section 10-10-2. (3) `Enterprise' means a new corporation or partnership less than five years old. (4) `Fund' means the Seed Capital Fund created in Code Section 10-10-3.

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(5) `Incubator' means a facility which leases small units of space to tenants and which maintains or provides access to business development services for use by the tenants or member firms. (6) `Investment partnership' means a limited partnership in which the general partner or partners manage the funds contributed by the state as a limited partner and contributed by other limited and general partners, which funds shall be used to make investments in private enterprises as provided by this chapter. (7) `Qualified security' means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any of the foregoing. (8) `Seed capital reserves' or `reserves' means the funds of an applicant or investment partnership contributed by the state from the Seed Capital Fund and contributed by private investors, which funds shall be used by the investment partnership to make investments in private enterprises as provided by this chapter. 10-10-2. There is created the Seed Capital Fund to be managed by the Advanced Technology Development Center which is administratively attached to the board of regents. 10-10-3. (a) The Seed Capital Fund is created as a separate fund in the state treasury. The Advanced Technology Development Center is authorized to recommend expenditures from the Seed Capital Fund subject to the approval of the board of regents. The fund shall be expended only as provided in this chapter. 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.

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(b) The fund shall consist of all moneys authorized by law for deposit in the fund including but not limited to gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center. (c) In return for investments made from the fund, the State of Georgia will receive a limited partner position in the investment partnership with rights to income accruing from profits from investments by the investment partnership. Additional returns to the state will be secured through the establishment and growth of innovative enterprises which create new, value added products, processes, and services and encourage growth and diversification in the economy of the state. (d) After recommending that a disbursement should be made pursuant to this chapter and after approval of such disbursement by the board, the center shall forward a certified copy of the order granting the payment to the Fiscal Division of the Department of Administrative Services, which shall be authorized to draw a warrant or warrants upon the fund to pay the disbursement from such fund. (e) The center, subject to the approval of the board of regents, shall be authorized to contract and have contracts and other legal documents prepared to carry out the provisions of this chapter. (f) The board of regents shall have the authority to issue additional rules and regulations governing the management and operation of the Seed Capital Fund as needed. 10-10-4. The center may recommend use of the fund to make challenge investments with eligible applicants which are investment partnerships following receipt of an application consistent with the criteria specified in this Code section. Investment partnerships which are recipients of state investments shall not expend any of the funds awarded unless and until the center has assured itself that the following conditions hold: (1) Either:

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(A) At least $3.00 of private investment has been committed to the proposed seed capital reserves of the applicant for every $1.00 of the challenge investment committed and at least $2 million of total investment, including the challenge investment, has been committed to the proposed seed capital reserves; or (B) At least $1.00 of private investment has been committed to the proposed seed capital reserves of the applicant for every $1.00 of the challenge investment committed; at least $1.5 million of total investment, including the challenge investment, has been committed to the seed capital reserves; and no investment is to be made from the reserves in a new enterprise without an equal or greater investment from private sources other than the reserves in the same enterprise, such that, in total, at least $3.00 of private investment has been committed to an individual enterprise for every $1.00 of challenge investment funds invested; (2) Investments from the seed capital reserves will be made exclusively in new enterprises located in the State of Georgia, including, but not limited to, tenants of incubators. For the purposes of this Code section, new enterprises shall not include businesses of a mercantile nature but shall be characterized as entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ventures which will increase the state's share of domestic or international markets; (3) Total investments in a new enterprise using funds from seed capital reserves should ordinarily be no more than $500,000.00. The investment partnership shall not make investments in qualified securities issued by enterprises in excess of the amount necessary to own more than 49 percent of qualified securities in any one enterprise at the time such securities are purchased by the investment partnership, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise; provided, however, that, in the event of severe financial difficulty of the enterprise, threatening, in the judgment of the investment partnership, the investment of the investment partnership

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therein, a greater percentage of such securities may be owned by the investment partnership; (4) The investment partnership shall make authorized investments in enterprises engaged in new product or process innovations only after: (A) Receipt of an application from the enterprise which contains: (i) A business plan including pro forma financial statements and a description of the enterprise and its management, product, and market; (ii) A statement of the amount, timing, and projected use of the capital required; (iii) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and (iv) Such other information as the center shall request; (5) Such approval of an investment may be made after the investment partnership finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the investment partnership shall make and incorporate in its minutes, that: (A) The proceeds of the investment or financial assistance will be used only to cover the seed capital needs of the enterprise except as authorized by paragraph (3) of this Code section; (B) The enterprise has a reasonable change of success; (C) The investment partnership's participation is instrumental to the success of the enterprise and its retention within the state;

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(D) The enterprise has the reasonable potential to enhance employment opportunities within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise; (F) Any securities to be purchased are qualified securities or private placement stock; (G) There is a reasonable possibility that the investment partnership will recoup at least its initial investment or financial commitment; and (H) Binding commitments have been made to the investment partnership by the enterprise for adequate reporting of financial data to the investment partnership, which shall include a requirement for an annual report or, if required by the center, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the investment partnership as the center shall consider prudent over the management of the enterprise so as to protect the investment or financial commitment of the investment partnership, including in the discretion of the center and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors of the enterprise; (6) In making investments, including seed capital investments, the investment partnership shall exercise the judgment and care under the circumstances then prevailing that persons of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of the capital of the partnership seed capital reserves. All investments of the seed capital reserves shall be directly related to the creation, retention, or expansion of employment opportunity and economic growth in Georgia. In making seed capital investments, all other

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material matters being equal, the investment partnership shall invest in technological advances that could be expected to result in the greatest increase in employment opportunity and economic growth in Georgia; and (7) The returns on investments made by the investment partnership which represent state funds shall be reinvested in seed capital reserves of the investment partnership or paid to the Seed Capital Fund as determined by the center with the approval of the board. 10-10-5. Upon liquidation of any investment partnership, the investment partnership or its assignee shall make arrangements to phase out investments and distribute the principal and capital gains on investments in proportion to the number of shares of each investor. The proceeds attributable to the State of Georgia will be paid into the Seed Capital Fund to be disbursed for future investments as provided in this chapter. 10-10-6. The center shall publish an annual report which shall be made available to the Governor, the General Assembly, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report shall specifically account for the ways in which the need, mission, and programs of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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GEORGIA AVIATION HALL OF FAMECREATION. Code Sections 50-12-70 through 50-12-74 Enacted. No. 678 (House Bill No. 110). AN ACT To amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies; to provide for powers and duties of the board; to provide for funds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, is amended by adding at the end thereof a new Part 3 to read as follows: Part 3 50-12-70. (a) There is created the Georgia Aviation Hall of Fame which shall be governed by the Georgia Aviation Hall of Fame Board. (b) The board is assigned to the Department of Administrative Services for administrative purposes only, as specified in Code Section 50-4-3. 50-12-71. (a) The board shall be composed of 15 members to be appointed as follows: (1) Fourteen members shall be appointed by the Governor, five members for initial terms of two years; five members for initial terms of three years; and four members for initial terms of four years. Five of the members

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appointed by the Governor may reside in any area of the state. Of the remaining nine members appointed by the Governor, one member shall reside in and be appointed from each of the nine districts provided in subsection (b) of this Code section. Successors to such members shall be appointed by the Governor for terms of six years; and (2) One member shall be appointed by the Commander of the Warner Robins Air Logistics Center at Robins Air Force Base in Houston County, Georgia, for an initial term of four years, and successors shall be appointed by such commander for terms of six years. This member may reside in any area of the state. If the Commander of the Warner Robins Air Logistics Center fails to appoint a member or a successor as provided in this paragraph, the Governor shall appoint such member and all successors thereafter. (b) For the purpose of appointing nine members of the board, the state shall be divided into nine districts based upon the ZIP Code areas as designated by the United States Postal Service and as such areas exist on January 1, 1989. The nine districts shall be composed as follows: District 1 : ZIP Code Areas 305 and 307; District 2 : ZIP Code Area 306; District 3 : ZIP Code Areas 300, 301, 302, and 303; District 4 : ZIP Code Areas 304, 308, and 309; District 5 : ZIP Code Areas 310 and 312; District 6 : ZIP Code Areas 318 and 319; District 7 : ZIP Code Area 317; District 8 : ZIP Code Area 316; and District 9 : ZIP Code Areas 313, 314, and 315.

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(c) Of the 15 members of the board, at least 11 members shall have experience in and be representative of the aviation industry or profession. Initial appointments shall be made prior to July 1, 1989. In the event a vacancy occurs in the membership of the board, the authority originally appointing the position made vacant shall promptly fill the same for the unexpired term. A majority of the members shall constitute a quorum for the transaction of business. (d) The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees may not be subject to the state merit system of employment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. 50-12-72. It shall be the main purpose and function of the board to promote and encourage the growth and public support of aviation within the state by honoring those, living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in Georgia. Persons eligible for recognition in the Georgia Aviation Hall of Fame shall include residents of the state whose achievements in or contributions to aviation occurred within or outside the state and nonresidents whose achievements in or contributions to aviation occurred within the state. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its purpose and function. 50-12-73. With the approval of the federal government, the Georgia Aviation Hall of Fame shall be located in the Museum of Aviation at Robins Air Force Base in Houston County, Georgia. The headquarters of the board shall be located in Houston County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board is authorized to recognize and designate any existing or proposed facility as a part of the hall of fame as may be appropriate.

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50-12-74. (a) The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board. Section 2 . This Act shall become effective 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 19, 1989. HEALTHSTATE HEALTH PLANNING; DIALYSIS; KIDNEY DISEASE TREATMENT CENTERS. Code Section 31-6-2 Amended. No. 679 (House Bill No. 51). AN ACT To amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning, so as to exclude from certain definitions dialysis services and certain kidney disease treatment centers; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning, is amended by striking paragraphs (5) and (8) thereof and inserting in their respective places new paragraphs to read as follows: (5) `Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, radiology; radiation therapy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services. (8) `Health care facility' means hospitals; other special care units, including podiatric facilities and skilled nursing facilities; intermediate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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CRIMINAL PROCEDURESEARCHES OF LAW OFFICES; WARRANTS; SEALING OF DOCUMENTS; SPECIAL MASTERS; PROCEDURE. Code Section 17-5-32 Enacted. No. 680 (House Bill No. 356). AN ACT To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evidence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches; to provide for sealing of certain documents; to provide for hearings; to provide for subpoenas; to provide for special masters and their duties and powers; to provide for written search plans; to provide for the exclusion and suppression of certain evidence; 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 17 of the Official Code of Georgia Annotated, relating to searches with warrants, is amended by adding at the end thereof a new Code Section 17-5-32 to read as follows: 17-5-32. (a) As used in this Code section, the term `documentary evidence' includes but is not limited to writings, documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files, diagrams, ledgers, books, tapes, audio and video recordings, and papers of any type or description. (b) Notwithstanding any other provision of law, no search and seizure without a warrant shall be conducted and no search warrant shall be issued for any documentary evidence in the possession of an attorney who is not a criminal suspect, unless the application for the search warrant specifies that the place to be searched is in the possession or custody of an attorney and also

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shows that there is probable cause to believe that the documentary evidence will be destroyed or secreted in the event a search warrant is not issued. This Code section shall not impair the ability to serve search warrants in cases in which the search is directed against an attorney if there is probable cause to suspect such attorney has committed a crime. This Code section shall not impair the ability to serve subpoenas on nonsuspect attorneys. (c) In any case in which there is probable cause to believe that documentary evidence will be destroyed or secreted if a search warrant is not issued, no search warrant shall be issued or be executed for any documentary evidence in the possession or custody of an attorney who is not a criminal suspect unless: (1) At the time the warrant is issued the court shall appoint a special master to accompany the person who will serve the warrant. The special master shall be an attorney who is a member in good standing of the State Bar of Georgia and who has been selected from a list of qualified attorneys maintained by the State Bar of Georgia. Upon service of the warrant, the special master shall inform the party served of the specific items being sought and that the party shall have the opportunity to provide the items requested. If the party, in the judgment of the special master, fails to provide the items requested, the special master shall conduct a search for the items in the areas indicated in the search warrant; (2) If the party who has been served states that an item or items should not be disclosed, such item or items shall be sealed by the special master and taken to the superior court for a hearing. At the hearing the party whose premises has been searched shall be entitled to raise any issues which may be raised pursuant to Code Section 17-5-30 as well as claims that the item or items are privileged or claims that the item or items are inadmissible because they were obtained in violation of this Code section. Any such hearing shall be held in the superior court; (3) Any such warrant must, whenever practicable, be served during normal business hours. The law enforcement officer or prosecutor serving the warrant shall not participate in the search but may accompany the special master when the special master is conducting the search;

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(4) Any such warrant must be served upon a party who appears to have possession or control of the items sought. If, after reasonable efforts, the party serving the warrant is unable to locate any such person, the special master shall seal and return to the court for determination by the court any items which appear to be privileged; (5) Any such warrant shall be issued only by the superior court. At the time of applying for such a warrant, the law enforcement officer or prosecutor shall submit a written search plan designed to minimize the intrusiveness of the search. When the warrant is executed, the special master carrying out the search shall have a duty to make reasonable efforts to minimize the intrusiveness of the search. (d) Notwithstanding any provision of law to the contrary, evidence obtained in violation of this Code section shall be excluded and suppressed from the prosecution's case in chief or in rebuttal, and such evidence shall not be admissible either as substantive evidence or for impeachment purposes. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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BANKING AND FINANCECREDIT UNION DEPOSIT INSURANCE CORPORATION; BYLAWS; MEMBERSHIP FEES; LIQUIDATION. Code Sections 7-2-3, 7-2-7, and 7-2-8 Amended. No. 681 (House Bill No. 315). AN ACT To amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corporation to provide a membership fee schedule with department approval; to provide for refunds of membership fees upon termination or revocation of membership under certain conditions; to provide for disbursement of such refunds; to provide for the distribution of assets remaining after the payment of liabilities in the event of liquidation of the corporation; 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 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, is amended by striking subsection (b) of Code Section 7-2-3, relating to the adoption and amendment of bylaws, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The original bylaws shall be adopted by and may thereafter be amended by a vote of at least a majority of the members present and voting at any regular meeting or special meeting called for such purpose. Bylaws may also be amended by the vote of at least two-thirds of the members of the board of directors of the corporation. Amendments adopted by the board may be rescinded at the next regular or special meeting of the members in the same manner as is provided for adoption of amendments by the members.

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Section 2 . Said chapter is further amended by striking Code Section 7-2-7, relating to membership fees and refunds of fees, assessments, and premiums, in its entirety and substituting in lieu thereof a new Code Section 7-2-7 to read as follows: 7-2-7. (a) Each financial institution accepted for membership shall be required to pay a membership fee of 1 percent of the deposits and shares of the financial institution up to $1 million, plus one-half of 1 percent of the deposits and shares from $1 million to $5 million, plus one-fourth of 1 percent of the deposits and shares over $5 million. Payment of the membership fee may be made in three equal installments, the first installment being due upon the approval of the application of the member financial institution and being in an amount of not less than $10.00 and the remaining two installments being due annually thereafter in amounts of not less than $10.00 each year. (b) The membership fee shall be maintained on an annual basis in the same ratio to deposits and shares as the original membership fee bore to the total of deposits and shares at the time the financial institution initially joined the corporation. Such annual adjustments to the membership fee shall be paid or refunded concurrently with the payment of the annual insurance premium and shall be calculated upon the same deposit and share base as is used in the calculation of the annual premium. The board of directors of the corporation with the approval of the department may authorize a different membership fee structure from that set forth in this Code section. (c) Membership fees, when paid by the individual member financial institution, may be charged to its regular reserve account or undivided earnings or may be established as an asset or charged in such other manner as may be approved by the department. (d) The membership fee of each member financial institution may be refunded in whole or in part to the extent that the unencumbered funds of the corporation exceed 2 percent of the aggregate total deposits and shares of the member financial institutions as determined by the most recent call report of condition submitted to the department. Special assessments levied pursuant to subsection (b) of Code Section 7-2-8 may be repaid in such manner as may be approved by the directors of the

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corporation with approval by the department. Refunds may be paid only to members of the corporation at the time of declaration by the directors of the corporation in proportion to their paid-in membership fees. (e) Upon termination or revocation of membership, other than through involuntary liquidation, the financial institution shall be entitled to refunds as follows: (1) Membership fees in full within 30 days; (2) Pro rata portion of annual premium which is unearned by the corporation in full within 30 days; and (3) Any special assessment in accordance with its terms, provided the department may direct that such refunds be disbursed over a period of not more than 24 months at the request of the corporation where such disbursement will not cause an undue financial burden for the member financial institution. (f) Any financial institution which terminates its membership voluntarily within the 24 months immediately preceding any voluntary cessation of business by the corporation shall be entitled to a pro rata distribution of the undivided earnings of the corporation. Such distribution shall be the lesser of an amount equal to that portion of the retained earnings at the end of the fiscal year immediately preceding the termination of membership determined by the proportion of the terminating members' membership fees to the total membership fees at the end of such fiscal year or the amount which would have been distributed had membership been retained until the final distribution. Section 3 . Said chapter is further amended by striking subsection (e) of Code Section 7-2-8, relating to premiums and special assessments and distribution of assets of liquidation, in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) In the event of liquidation of the corporation, all assets remaining after the payment or provision for payment of all debts and taxes and expenses of liquidation, including distributions to former members as provided for in Code Section 7-2-7,

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shall be distributed to the then existing member financial institutions in proportion to their membership fees paid into the corporation. 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 19, 1989. EDUCATIONQUALITY BASIC EDUCATION ACT; CHILDREN OR YOUTH IN CUSTODY OF DEPARTMENT OF CORRECTIONS OR DEPARTMENT OF HUMAN RESOURCES. Code Section 20-2-133 Amended. No. 682 (Senate Bill No. 350). 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 that certain children or youth in the physical custody of the Department of Corrections or the Department of Human Resources shall not be eligible for enrollment in the educational programs of the local unit of administration of the school district where the child or youth is being held; to require the Department of Human Resources to furnish medical and educational records of certain children to the local unit of administration responsible for furnishing educational services to such children and provide for consent for the release of certain records; to provide that local school systems shall not be responsible for providing educational services to children unable to leave a facility of the Department of Human

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Resources to receive educational services; to provide for the development of procedures implementing certain provisions of law applicable to children and youth in the physical 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 . 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 in its entirety Code Section 20-2-133, relating to free public instruction and exceptions thereto, and inserting in lieu thereof a new Code Section 20-2-133 to read as follows: 20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible 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.

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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 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

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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. No child or youth in the custody of the Department of Corrections or the Department of Human Resources and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (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. (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. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Human Resources shall furnish to the local

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unit of administration all medical and educational records in the possession of the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release. (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 grants will be determined and made pursuant to regulations adopted by the State Board of Education. (6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child. (7) The State Department of Education, the Department of Human Resources, and the local units of administration where Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical custody of the Department of Human Resources. 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 19, 1989.

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MOTOR VEHICLES AND TRAFFICCHEMICAL TESTS FOR PERSONS INVOLVED IN SERIOUS TRAFFIC ACCIDENTS; DELETION OF LICENSE SUSPENSIONS. Code Sections 40-5-55 and 40-5-63 Amended. No. 683 (Senate Bill No. 347). AN ACT To amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, so as to require that such chemical tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities; to provide for implied consent; to provide for license suspension for refusal to submit to such tests; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that certain license suspensions shall be deleted upon the acceptance of a plea and entry of a court order; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to certain chemical tests administered to determine the alcoholic or drug content of certain persons who operate motor vehicles, is amended by striking subsections (a), (b), and (c) and inserting in their place new subsections (a), (b), and (c) to read as follows: (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol content of 0.12 percent or greater while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to

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have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (b) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392. (c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that

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his license is to be suspended, subject to review as provided for in this chapter. The sworn report required by this subsection of a law enforcement officer regarding the refusal of an arrested person to submit to a chemical test shall be transmitted to the department within ten days after the date of the arrest of such person, and the period of suspension shall begin to run only after all administrative hearings and appeals have been exhausted. Any report of a law enforcement officer which has been transmitted to or received by the department more than ten days after the arrest shall be filed by the department for record purposes only, and no action shall be taken by the department. As used in this subsection, the term `transmitted' shall mean deposited with the United States Postal Service, and a report under this subsection shall be deemed to have been transmitted within the ten-day period if it is postmarked on or before the tenth day after the date of arrest. Section 2 . Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, thatthe license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the deletion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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INSURANCEGEORGIA HIGH RISK HEALTH INSURANCE PLAN; CREATION. Code Title 33, Chapter 43 Enacted. No. 684 (Senate Bill No. 267). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for creation of the Georgia High Rish Health Insurance Plan; to provide for a short title; to provide for definitions; to provide for the operation and authority of the plan; to provide for the assignment of the plan to the Department of Insurance for administrative purposes; to provide for a board of directors; to provide for powers, duties, and compensation of the board; to provide for other matters relative to the board; to provide for powers and duties of the Commissioner of Insurance with respect to the plan; to provide for eligibility of coverage under the plan; to provide for selection of an administrator of the plan; to provide for duties, powers, and responsibilities of the administrtor; to provide for submission to the board of reports regarding operation of the plan; to provide for availability of benefits; to provide for covered services; to provide for exclusions; to provide for premiums, deductibles, and coinsurance; to provide for exclusion of preexisting conditions for certain time periods; to provide for nonduplication of benefits; to provide that certain actions of the plan or the board shall not be the basis for any legal action; to authorize appropriations, gifts, and donations to the plan; to provide that gifts or donations shall be considered trust funds; to exempt the plan from all state and local taxes; to provide for other matters relative to the foregoing; to provide an effective date for certain purposes and conditions for an effective date for all purposes; 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 adding at the end thereof a new Chapter 43 to read as follows:

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CHAPTER 43 33-43-1. This chapter shall be known and may be cited as the `Georgia High Risk Health Insurance Plan.' 33-43-2. As used in this chapter, the term: (1) `Accident and sickness insurance' means that type of insurance as defined in Code Section 33-7-2 but does not include short-term disability, fixed indemnity, limited benefit, or credit insurance coverage issued as a supplement to liability insurance, insurance arising out of a workers' compensation or similar law, automobile medical payment insurance, or insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in any liability insurance policy or equivalent self-insurance. (2) `Benefits' means the coverages to be offered by the plan to eligible persons pursuant to Code Section 33-43-7. (3) `Board' means the board of directors of the plan. (4) `Commissioner' means the Commissioner of Insurance. (5) `Department' means the Department of Insurance. (6) `Health maintenance organization' means any organization authorized to transact business in this state pursuant to Chapter 21 of this title. (7) `Hospital' means any institution or medical facility as defined in Code Section 31-7-1. (8) `Insurance arrangement' means any plan, program, contract, or any other arrangement under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust or third-party administrator, health care services or benefits in a manner other than through an insurer.

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(9) `Insured' means any individual resident of this state who is eligible to receive benefits from any insurer or insurance arrangement as defined in this Code section. (10) `Insurer' means any insurance company authorized to transact accident and sickness insurance business in this state, any nonprofit medical service corporation, any nonprofit hospital service corporation, any health care plan, and any health maintenance organization authorized to transact business in this state. (11) `Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 USC 1395, et seq., as amended. (12) `Method of operation' means the method of operation of the plan, including articles, bylaws, and operating rules adopted by the board pursuant to Code Section 33-43-3. (13) `Physician' means a person licensed to practice medicine under Chapter 34 of Title 43. (14) `Plan' means the Georgia High Risk Health Insurance Plan as created in Code Section 33-43-3. 33-43-3. (a) There is created a body corporate and politic to be known as the `Georgia High Risk Health Insurance Plan' which shall be deemed to be an instrumentality of the state and a public corporation. The Georgia High Risk Health Insurance Plan shall have perpetual existence and any change in the name or composition of the plan shall in no way impair the obligations of any contracts existing under this chapter. The Georgia High Risk Health Insurance Plan is assigned to the Department of Insurance for administrative purposes only as prescribed in Code Section 50-4-3. (b) There is created a board of directors of the Georgia High Risk Health Insurance Plan to be composed of ten members appointed as provided in this subsection and the Commissioner of Insurance, who shall serve as an ex officio member. The Commissioner shall appoint, with the approval of the Governor, one member who shall represent domestic insurers licensed to

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transact accident and sickness insurance in this state, one member who shall represent a domestic nonprofit health care service plan, and one member who shall be a hospital administrator. The Governor shall appoint two members who shall be consumers, one member who shall represent employers who have more than 25 employees, one member who shall represent employers who have less than 25 employees, one member who shall represent health maintenance organizations, one member who shall be a licensed physician, and one member who shall either be a representative of the Department of Human Resources or a representative of a government agency involved directly or indirectly in state-wide health planning. All members of the board shall serve for terms of six years, except the Commissioner whose term shall be concurrent with his term of office as Commissioner. The board shall select one of its members to serve as chairman. The members of the board of directors shall be required to take and subscribe before the Governor an oath to discharge the duties of their office faithfully and impartially. This oath shall be in addition to the oath required of all civil officers. The members of the board of directors shall not be entitled to compensation for their services but shall be entitled to reimbursement for their actual travel and expenses necessarily incurred in the performance of their duties when funds are available for this purpose. (c) The board of directors shall establish a method of operation for the plan and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the plan. The method of operation and any amendments thereto shall be submitted to the Commissioner for his evaluation and he shall make recommendations to the board of directors if he feels revisions are required to assure the fair, reasonable, and equitable administration of the plan. The Commissioner shall, after notice and hearing, approve the method of operation, provided such is determined to be suitable to assure the fair, reasonable, and equitable administration of the plan. The method of operation shall become effective upon approval in writing by the Commissioner consistent with the date on which the coverage under this chapter may be made available. If the plan fails to submit a suitable method of operation within 180 days after the appointment of the board of directors or at any time thereafter fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and

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promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this Code section. Such rules shall continue in force until modified by the Commissioner or superseded by a method of operation submitted by the board and approved by the Commissioner. (d) In the method of operation the directors shall: (1) Establish procedures for the handling and accounting of assets and moneys of the plan; (2) Select an administrator, which shall be an insurer licensed to transact accident and sickness insurance in this state, in accordance with Code Section 33-43-5; (3) Establish procedures for filling vacancies on the board of directors; (4) Establish a fixed benefit schedule for the payment of benefits and cost containment features designed to assist in controlling the costs of the plan; and (5) Develop and implement a program to publicize the existence of the plan, the eligibility requirements, and procedures for enrollment and to maintain public awareness of the plan. (e) The plan shall have the general powers and authority granted under the laws of this state to insurance companies licensed to transact accident and sickness insurance as defined under Code Section 33-43-2 and, in addition thereto, the specific authority to: (1) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter, including the authority to enter into contracts with similar funds or pools of other states for the joint performance of common administrative functions or with persons or other organizations for the performance of administrative functions. The plan shall have the authority to establish reciprocal agreements with similar pools or funds of other states and may agree to waive the residency requirement specified in subsection (a) of Code Section 33-43-4 with respect to persons

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who become residents of this state and were covered under a similar pool or fund with which the plan had established a reciprocal agreement; (2) Bring or defend actions; (3) Take such legal action as necessary to avoid the payment of improper claims against the plan or the coverage provided by or through the plan; (4) Establish appropriate rates; rate schedules; rate adjustments; expense allowances; agents' referral fees; claim reserve formulas; cost containment features, including, but not limited to, second opinions for surgeries, review and auditing of claims, precertification of hospital admissions and surgeries, and preferred providers; and any other actuarial functions appropriate to the operation of the plan. Rates and rate schedules may be adjusted for appropriate risk factors such as age and area variation in claim cost and shall take into consideration appropriate risk factors in accordance with established actuarial and underwriting practices; (5) Issue policies or certificates of insurance coverage in accordance with the requirements of this chapter; and (6) Establish rules, conditions, and procedures for reinsurance of risks of the plan. 33-43-4. (a) Any individual person who has been a resident of this state for at least six months prior to the application for coverage shall be eligible for coverage under the plan, except the following: (1) Any person who is at the time of plan application eligible for health care benefits under Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977'; (2) Any person having terminated coverage in the plan unless 12 months have elapsed since such termination; (3) Any person on whose behalf the plan has paid out $500,000.00 in benefits; and

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(4) Inmates of public institutions and persons eligible for public programs. (b) Any person who ceases to meet the eligibility requirements of this Code section may be terminated at the end of the policy period. (c) Any eligible person may apply for coverage under the plan. If such coverage is applied for within 30 days after the involuntary termination of previous accident and sickness insurance coverage and if premiums are paid to the plan for the entire coverage period to be issued, the effective date of the coverage under the plan shall be the date of termination of the previous coverage. 33-43-5. (a) The board of directors shall select an insurer through a competitive bidding process to administer claims payments of the plan. The board shall evaluate bids submitted based on criteria established by the board which shall include: (1) The insurer's proven ability to handle individual accident and sickness insurance; (2) The efficiency of the insurer's claim-paying procedures; (3) An estimate of total charges for administering the plan; and (4) The insurer's ability to administer the pool in a cost-efficient manner. (b) (1) The administrator shall serve for a period of three years subject to removal for cause. (2) At least one year prior to the expiration of each three-year period of service by the administrator, the board shall invite all insurers, including the insurer serving as the current administrator, to submit bids to serve as the administrator for the succeeding three-year period. Selection of the administrator for the succeeding period shall be made at least six months prior to the end of the current three-year period.

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(c) (1) The administrator shall perform all eligibility and administrative claims payment functions relating to the plan. (2) The administrator shall establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis as determined by the board. (3) The administrator shall perform all necessary functions to assure timely payment of benefits to covered persons under the plan, including: (A) Making available information relating to the proper manner of submitting a claim for benefits to the plan and distributing forms upon which such submission shall be made; and (B) Evaluating the eligibility of each claim for payment by the plan. (4) The administrator shall submit to the board regular reports regarding the operation of the plan. The frequency, content, and form of the reports shall be as determined by the board. (5) Following the close of each calendar year, the administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the board and the department on a form as prescribed by the Commissioner. (6) The administrator shall be paid as provided in the method of operation for its expenses incurred in the performance of its services. 33-43-6. (a) Following the close of each fiscal year, the plan administrator shall determine the net premiums, which shall be total premiums less administrative expense allowances, the plan expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses, and shall report such information to the board of directors.

Page 1709

(b) The board of directors may revise the fixed schedule of benefits and cost containment features provided under the plan as necessary to ensure that the plan maintains adequate resources for continued operation. 33-43-7. (a) The plan shall offer major medical expense coverage to every eligible person. Major medical expense coverage offered by the plan shall pay an eligible person's covered expenses, subject to limits on the deductible and coinsurance payments authorized under paragraph (3) of subsection (d) of this Code section, up to an annual limit of $100,000.00 and up to a lifetime limit of $500,000.00 per covered individual. The annual limit and maximum lifetime limit provided under this subsection shall not be altered by the board, and no actuarial equivalent benefit may be substituted by the board. (b) As used in this Code section, the term `covered expenses' shall mean the scheduled benefits established for the following services and articles when determined by the board to be medically necessary: (1) Hospital services; (2) Professional services for the diagnosis or treatment of injuries, illnesses, or conditions, other than dental, which services are rendered by a physician or by other licensed professionals at his direction. (3) Drugs requiring a physician's prescription; (4) Services of a licensed skilled nursing facility for not more than 120 days during a policy year; (5) Services of a home health agency for not more than 120 services during a policy year; (6) Use of radium or other radioactive materials; (7) Oxygen; (8) Anesthetics;

Page 1710

(9) Prostheses other than dental; (10) Rental or purchase of durable medical equipment, other than eyeglasses and hearing aids, for which there is no personal use in the absence of the conditions for which is prescribed; (11) Diagnostic X-rays and laboratory tests; (12) Oral surgery for excision of partially or completely unerupted, impacted teeth or for the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth; (13) Services of a licensed physical therapist; (14) Transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition; (15) Services for diagnosis and treatment of mental and nervous disorders; and (16) Professional services for the diagnosis or treatment of injuries, illnesses, or conditions, which services are rendered by health care professionals licensed pursuant to Chapter 30, 35, or 39 of Title 43. (c) Covered expenses shall not include the following: (1) Any charge for treatment for cosmetic purposes other than surgery for the repair or treatment of an injury or a congenital bodily defect to restore normal bodily functions; (2) Care which is primarily for custodial or domiciliary purposes; (3) Any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is prescribed as medically necessary by a physician; (4) That part of any charge for services rendered or articles prescribed by a physician, dentist, or other health

Page 1711

care personnel which exceeds the scheduled benefits established by the board or for any charge not medically necessary; (5) Any charge for services or articles the provision of which is not within the scope of authorized practice of the institution or individual providing the services or articles; (6) Any expense incurred prior to the effective date of coverage by the plan for the person on whose behalf the expense is incurred; (7) Dental care except as provided in paragraph (12) of subsection (b) of this Code section; (8) Eyeglasses and hearing aids; (9) Illness or injury due to acts of war; (10) Services of blood donors and any fee for failure to replace the first three pints of blood provided to an eligible person each policy year; and (11) Personal supplies or services provided by a hospital or nursing home or any other nonmedical or nonprescribed supply or service. (d) (1) Separate schedules of premium rates based on age, sex, and geographical location may apply for individual risks. (2) The board of directors shall determine the standard risk rate by calculating the average individual standard rate charged by the five largest insurers offering coverages in the state comparable to the plan coverage. In the event five insurers do not offer comparable coverage, the standard risk rate shall be established using reasonable actuarial techniques and shall reflect anticipated experience and expenses for such coverage. Initial rates for coverage under the plan shall not be less than 125 percent of rates established as applicable for individual standard risks. Subsequent rates shall be established to provide fully for the expected costs of claims, including recovery of prior losses, expenses of operation,

Page 1712

investment income of claim reserves, and any other cost factors subject to the limitations described in this chapter; provided, however, that in no event shall plan rates exceed 150 percent of rates applicable to individual standard risks. All rates and rate schedules shall be submitted to the Commissioner for his review and evaluation and he may make recommendations to the board concerning rates for coverage under the plan. (3) The plan coverage defined in this Code section shall provide optional deductibles of $500.00 or $1,500.00 per annum per individual and coinsurance of 20 percent, such coinsurance and deductibles in the aggregate not to exceed $2,000.00 per individual nor $4,000.00 per family per annum. The deductibles and coinsurance factors may be adjusted annually according to the Medical Component of the Consumer Price Index. (e) Plan coverage shall exclude all charges or expenses incurred during the first six months following the effective date of coverage and charges or expenses incurred which are in excess of $10,000.00 per insured individual during the seventh through twelfth months following the effective date of coverage as to any condition which during the six-month period immediately preceding the effective date of coverage: (1) Had manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or (2) For which medical advice, care, or treatment was recommended or received. Such preexisting condition exclusions shall be waived to the extent to which similar exclusions, if any, have been satisfied under any prior accident and sickness insurance coverage which was involuntarily terminated, provided that application for plan coverage is made not later than 30 days following such involuntary termination, and in such case, coverage under the plan shall be effective from the date on which such prior coverage was terminated.

Page 1713

(f) (1) Benefits otherwise payable under plan coverage shall be reduced by all amounts paid or payable through any other accident and sickness insurance or insurance arrangement and by all hospital and medical expense benefits paid or payable under any workers' compensation coverage, automobile medical payment, or liability insurance, whether provided on the basis of fault or no-fault, and by any hospital or medical benefits paid or payable under or provided pursuant to any state or federal law or program except Medicaid. (2) The administrator or the board of directors of the plan shall have a cause of action against an eligible person for the recovery of the amount of benefits paid which are not covered expenses. Benefits due from the plan may be reduced or refused as a setoff against any amount recoverable under this paragraph. 33-43-8. The establishment of rates, forms, procedures, or fixed schedules of benefits or any other similar action required by this chapter shall not be the basis of any legal action, criminal or civil liability, or penalty against the plan or the board of directors of the plan. 33-43-9. The plan established pursuant to this chapter shall be exempt from any and all taxes levied by this state or any of its political subdivisions. 33-43-10. (a) The plan shall be authorized to receive donations or gifts from individuals, private organizations, foundations, or other sources and shall be authorized to receive state funds or any federal funds which may become available. Any funds received as donations or gifts shall be deemed trust funds to be held and applied solely for the purposes of this chapter. (b) The General Assembly shall be authorized, but in no event shall be required, to appropriate moneys to the plan. Section 2 . This Act shall become effective on July 1, 1989, only for the purposes of the appointment of the board of directors and the establishment of elements of the method of operation of the plan by the board. This Act shall become effective for all purposes only upon the appropriation of funds by the General Assembly necessary to carry out the purposes of this Act.

Page 1714

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. CRIMINAL PROCEDUREBAIL; HEARINGS ON OFFENSES BAILABLE ONLY BEFORE A JUDGE OF THE SUPERIOR COURT; PROCEDURE. Code Section 17-6-1 Amended. No. 685 (Senate Bill No. 255). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, is amended by striking subsection (c) of said Code section which reads as follows: (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.,

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and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice; (2) In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 30 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 30 days after receipt of such notice; (3) Notice sent to the superior court pursuant to paragraphs (1) or (2) of this subsection shall include any incident reports and criminal history reports relevant to the detention of such person. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

Page 1716

JUVENILE COURTSPLACES OF DETENTION OF A CHILD. Code Section 15-11-20 Amended. No. 686 (Senate Bill No. 180). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-20, relating to the place of detention of a child and limits thereon, and inserting in lieu thereof a new Code Section 15-11-20 to read as follows: 15-11-20. (a) A child alleged to be delinquent may be detained only in: (1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative; (2) A facility operated by a licensed child welfare agency; or (3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.

Page 1717

(b) A child alleged to have committed an offense over which the superior court has concurrent jurisdiction under subsection (b) of Code Section 15-11-5 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the juvenile court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender. (c) Following an indictment for an offense over which the superior court has jurisdiction under subsection (b) of Code Section 15-11-5 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-39, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender. (d) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court. Such child shall not be held in the jail, but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term `jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.

Page 1718

(e) A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours. However, in the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child. (f) A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his designee. (g) All facilities that detain juveniles for pretrial detention shall maintain the following data on each child detained: (1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense(s) for which being detained; (6) Date of and authority for confinement; (7) Date of and authority for release or transfer; and (8) Where transferred or to whom released. Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction,

Page 1719

by the Department of Human Resources, and by the Georgia Council of Juvenile Court Judges. Section 2 . This Act shall become effective on January 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACTPREMIUM REDUCTIONS; DEFENSIVE DRIVING COURSES. Code Section 33-34-13 Amended. No. 687 (Senate Bill No. 49). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that insurers shall make available appropriate reductions in premiums paid for certain motor vehicle insurance coverages for persons successfully completing defensive driving courses through driver improvement clinics; to provide for rules and regulations; to provide for course content; to provide for certification for three-year periods; to provide for eligibility; to provide for reporting; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, is amended by striking in its entirety subsection (a) of Code Section 33-34-13,

Page 1720

relating to rules and regulations affecting motor vehicle accident insurance, and inserting in its place a new subsection (a) to read as follows: (a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance required in this chapter. The commissioner of public safety shall adopt rules and regulations necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter and necessary to coordinate the defensive driving courses provided for in Code Section 33-34-16 with the programs under the authority of the commissioner pursuant to Article 4 of Chapter 5 of Title 40. Section 2 . Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 33-34-16, to read as follows: 33-34-16. (a) For each personal or family-type policy of motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer an appropriate reduction in premiums for motor vehicle liability, bodily injury, and collision coverages to the policyholder if the principal driver and all named drivers, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfies the requirements of subsection (b) of this Code section. (b) Reductions in premiums shall be available if all such drivers: (1) Have committed no traffic offenses for the prior three years; (2) Complete a course in defensive driving of not less than six hours from a driver improvement clinic approved by and under the jurisdiction of the Department of Public Safety; and (3) Have had no claims based on fault against an insurer for the prior three years.

Page 1721

(c) Upon completion of the defensive driving course specified in paragraph (2) of subsection (b) of this Code section by all such drivers, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided no driver under such policy commits a traffic offense or has a claim against the policy based on any such driver's fault. (d) The Department of Public Safety shall assure through the supervision of driver improvement clinics that defensive driving courses shall be available and accessible wherever practicable as determined by the Department to licensed drivers throughout the state. (e) Each insurer providing premium discounts under this Code section shall report quarterly to the Commissioner the amounts of such discounts in a form acceptable to the Commissioner. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. RECALL ACT OF 1989ENACTMENT; RECALL OF PUBLIC OFFICIALS; PROCEDURE. Code Title 21, Chapter 4 Revised. No. 688 (Senate Bill No. 37). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the Recall Act of 1989; to provide for the recall of any public official who has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office

Page 1722

and adversely affects the rights and interests of the public and if one or more additional grounds for recall exist; to provide a short title; to provide for legislative intent; to define certain terms; to provide for officers subject to recall; to provide for applications for a recall petition; to provide for the time of filing the application and the contents thereof; to provide for application forms; to provide for determination of the legal sufficiency of the application; to provide for judicial review; to provide for notification of a public official named for recall; to provide for distribution of recall petition forms; to provide for the form of recall petitions; to provide for procedures with respect to recall petitions; to provide for restrictions with respect to recall petitions; to provide for determination of the legal sufficiency of a recall petition; to provide for holding of a special election when an officeholder resigns subsequent to filing of a recall petition; to provide for the holding of a recall election; to provide for filing of a subsequent recall petition against an official following a recall election or the denial of a recall petition; to provide for the manner of conducting recall elections; to provide for campaign and financial disclosure requirements; to provide for the promulgation of rules and regulations by the Secretary of State; to provide for court actions to compel election superintendents to comply with the requirements of law relating to the recall of public officials; to provide for jurisdiction and venue of actions against election superintendents; to provide for determination of eligibility to sign an application for a recall petition or a petition for recall; to prohibit certain conduct in connection with signing a recall petition or an affidavit of signature withdrawal; to provide for construction and application of the law relating to the recall of public officials; to provide for other matters relative thereto; 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 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Chapter 4, relating to elections for recall of public officers, and inserting in lieu thereof a new Chapter 4 to read as follows: CHAPTER 4 21-4-1. This chapter shall be known and may be cited as the `Recall Act of 1989.'

Page 1723

21-4-2. The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of the electorate, by this general law the General Assembly establishes uniform and exclusive procedures relating to the recall of all state and local officials who hold elective office. 21-4-3. As used in this chapter, the term: (1) `Elected county school board members' and `elected county school superintendents' shall be considered county officers. (2) `Elected education board members' and `elected school superintendents' of any independent school system shall be considered municipal officers. (3) `Election superintendent' means: (A) In the case of any elected state officers, the Secretary of State; (B) In the case of any elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election superintendent shall be the clerk of the superior court; and (C) In the case of any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipality has such a board or election officer. (4) `Elector' means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this state and who has registered in accordance with Chapter 2 or 3 of this title.

Page 1724

(5) `Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office. (6) `Failure to perform duties prescribed by law' means the willful neglect or failure by an official to perform a duty imposed by statute. (7) `Grounds for recall' means: (A) That the official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public; and (B) That the official: (i) Has committed an act or acts of malfeasance while in office; (ii) Has violated his or her oath of office; (iii) Has committed an act of misconduct in office; (iv) Is guilty of a failure to perform duties prescribed by law; or (v) Has willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. (8) `Misconduct in office' means an unlawful act committed willfully by an elected public official or a willful violation of the code of ethics for government service contained in Code Section 45-10-1.

Page 1725

(9) `Official sponsors' or `sponsors' means the electors who circulate or file an application for a recall petition who were registered and eligible to vote in the last general or special election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled. (10) `Elective office' means an office filled by the exercise of the franchise of vote by electors as defined in paragraph (4) of this Code Section in a general or special election as defined under the laws of this state. 21-4-4. (a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office: (1) In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congressional districts may now or hereafter exist; or (2) In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer. (b) No recall petition shall demand the recall of more than one public official. (c) Every public official who holds elective office, either by election or by appointment, is subject to recall on the grounds that such public official has, while holding any public office,

Page 1726

conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public if one or more additional grounds for recall exist as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3. 21-4-5. (a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3. (b) (1) The application shall include: (A) The name and office of the person sought to be recalled; (B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence; (C) The designation of one of the sponsors as the petition chairperson who shall represent the sponsors on all matters pertaining to the recall application and petition; (D) A statement that: (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and (E) (i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall

Page 1727

application is an elector of the electoral district of the officer sought to be recalled and that the fact or facts upon which the ground or grounds for recall are based are true. (ii) The affidavit required by division (i) of this subparagraph shall be in the following form:

Page 1728

(2) Applications shall be issued by the election superintendent who shall assign a number to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issuance and number assigned. (3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection and distributed to election superintendents. (c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller. (d) Sponsors of a recall petition, before causing the petition to be circulated, shall submit the application for the petition to the election superintendent designated in Code Section 21-4-3 and request official recall petition forms. (e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his or her signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his or her signature from the application. The official affidavit of

Page 1729

signature withdrawal shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the affidavit shall be substantially as prescribed in Code Section 21-4-9. (f) (1) No application for a recall petition shall be accepted for verification if more than 15 days have elapsed since the application forms were issued to the sponsors. (2) On receipt of the application, the election superintendent shall file the application and proceed to determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures contained in such application. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays, and legal holidays; provided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election superintendent to verify the application. (g) No application for a recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification. (h) Upon certifying the legal sufficiency of the application, the election superintendent shall immediately officially file the certification of the application, issue official recall petition forms, assign a number to the recall petition, which number shall appear on the face of each petition form, and issue that number to the sponsors. A record of each application, including the date

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of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent. (i) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation. (j) The official recall petition forms shall be printed by the office of the Secretary of State and distributed to election superintendents. The form of the petition shall be as provided in Code Section 21-4-7. 21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application. (b) The superior court having jurisdiction of a sufficiency review case governed by this Code section shall be presided over by the judge of the superior court in the judicial circuit or circuits adjoining the judicial circuit or circuits containing the county in which the petition for review is filed who has the most years of service as judge of a superior court but who resides outside of the judicial circuit containing the county in which such petition is filed. (c) Upon the filing of a sufficiency review petition under this Code section, the clerk of the superior court having jurisdiction shall immediately notify the judge, described in subsection (b) of this Code section, of the institution of proceedings under this chapter; and, if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall appoint a disinterested judge of superior court or senior judge of superior court, residing outside of the judicial circuit containing the county in which such petition is filed, to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging and he

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shall receive the same mileage allowance as other state officials and employees. (d) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discovery or evidentiary hearings. (e) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis. 21-4-7. (a) The form of the recall petition shall be substantially as follows:

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(b) The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements: `(1) Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor; (2) If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.' (c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled, a statement that the named official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public, a statement containing the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3, and a brief statement of the fact or facts upon which such ground or grounds are based. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements.

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21-4-8. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served. (b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition. (c) If an elector is incapable of signing his or her own name, he or she may specifically request the circulator of the petition to sign and print his or her name and complete the information required on the petition sheet to accompany the signature; provided, however, that the circulator shall also sign his or her full name beside the printed name of such elector. (d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him or her before a notary public, that each of the names on the petition form was signed in his or her presence on the date indicated and that in his or her belief each signer was an elector of the electoral district of the officer sought to be recalled. (e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:

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(f) An elector may change the way his or her signature and residence address appear on the recall petition at any time prior to the filing of the petition for verification by striking through his or her name and initialing the strike-through and re-signing the petition with his or her printed name corrected accordingly. 21-4-9. (a) At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall petition form may request withdrawal of his or her signature from the application

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or recall petition by executing and filing an affidavit, in the form prescribed by this Code section, with the election superintendent. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the application or recall petition. The affidavit shall: (1) Be signed and sworn to before a notary public; (2) State the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall application or petition, the number of the recall application or petition which he or she signed; and (3) Affirm the elector's intention to withdraw his or her signature from the application or recall petition. (b) The affidavit shall be substantially in the following form:

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21-4-10. No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall application or petition. No employee of the state shall circulate a recall application or petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition. 21-4-11. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been filed with him or her; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been filed with him or her. The election superintendent or a designee is granted unrestricted authority to examine the registration records maintained by the board of registrars, to receive evidence and testimony, and to require the personal appearance of any person signing such recall petition for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining

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whether the petition contains a sufficient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet. (b) A recall petition shall not be accepted for verification for: (1) Any state-wide office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors; (2) Any officer holding an office other than state-wide office and for whom not less than 5,000 signatures are required for the recall petition under paragraph (2) of subsection (a) of Code Section 21-4-4 if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or (3) Any officer holding an office other than a statewide office and for whom less than 5,000 signatures are required under paragraph (2) of subsection (a) of Code Section 21-4-4 if more than 30 days have elapsed since the date the official recall petition forms were issued to the sponsors. (c) No recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification. (d) Within five days, excluding Saturdays, Sundays, and legal holidays, after the election superintendent has certified the legal sufficiency of a petition, he or she shall immediately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-13. (e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the petition chairman and the officeholder in writing of the results and officially file the certification of the peition. 21-4-12. If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted.

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21-4-13. (a) Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days after such call; provided, however, that, if a primary or general election is to be held not less than 30 days nor more than 45 days after such call is issued, the recall election shall be conducted on that date. (b) A recall election shall be called: (1) By the Governor, if for a state officer; (2) By the election superintendent of the county, if for a county officer; or (3) By the election superintendent of the municipality, if for a municipal officer. (c) If a recall petition is against an officer who is directed by this Code section to call the election, it shall be called: (1) By the Secretary of State, if for the Governor; or (2) By the clerk of the superior court, if for the judge of the probate court and such judge serves as the election superintendent of the county. (d) The official call for such election shall be published one time as follows: (1) In a newspaper of general circulation in the electoral district, if such election is for a state officer; (2) In the official organ of the county, if such election is for a county officer; or (3) In the official gazette of the municipality, if such election is for a municipal officer. (e) It shall be the duty of the appropriate official authorized by law to conduct elections to hold and conduct the recall election and to declare and certify the results; provided, however,

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that if the person sought to be recalled is the official authorized by law to conduct elections, the clerk of the superior court of the county in which such recall election is to be held shall hold and conduct the recall election and declare and certify the results. The ballot for the recall election shall state the name and office of the person whose recall has been petitioned, and the ballot shall be in the form prescribed by law for state, county, or municipal officers. The ballot shall have written or printed thereon the following: `() YES () NO Shall (name of office holder), (name of office), be recalled and removed from public office on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and on the ground(s) that such official(State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.)?' If more than one public officer is subject to a recall election in the same precinct, the election superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled. (f) Those persons desiring to vote in favor of recall shall vote `Yes,' and those persons desiring to vote against recall shall vote `No.' If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become vacant. Otherwise, the public official named in the recall petition shall continue in office. (g) A special election shall be called by the appropriate state or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of

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the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall. 21-4-14. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the recall election shall be void. (b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition against that officer which is available for signature or pending verification at the time of such finding of insufficiency. 21-4-15. The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with Chapters 2 and 3 of this title. 21-4-16. Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the `Ethics in Government Act,' in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter. 21-4-17. The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.

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21-4-18. (a) If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, the court shall issue an order for the election superintendent to comply. (b) An action against an election superintendent shall be filed in the superior court of the county of such election superintendent, except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County. 21-4-19. An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector. 21-4-20. (a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor. (b) A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any other person to sign or subscribe or to refrain from signing or subscribing that person's name to a recall application or petition or, after signing or subscribing that person's name, to have that person's name taken therefrom shall be guilty of a misdemeanor. (c) A person who signs any name other than his or her own to a recall application or petition, except in a circumstance where he or she signs for a person in the presence of and at the specific request of such person who is incapable of signing that person's own name, or who knowingly signs his or her name more than once for the same recall application or petition or who knowingly is not at the time of signing a qualified elector of the electoral district of the officer sought to be recalled shall be guilty of a misdemeanor. 21-4-21. This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to every public official who holds elective office on or after the effective date of this Act. The provisions of this Act shall apply with respect to an incumbant public official where the act or omission constituting grounds for recall, as specified in subparagraph (B) of paragraph (7) of Code Section 21-4-3, occurred in a previous term of office but was withheld from public knowledge or public disclosure until subsequent to the general election at which the incumbent was last elected, provided that an application for a recall petition is filed within 12 months after such general election. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. ELECTIONSABSENTEE BALLOTS; APPLICATIONS; DELIVERY; ASSISTANCE IN PREPARING. Code Sections 21-2-381, 21-2-385, 21-3-283, and 21-3-285 Amended. No. 689 (Senate Bill No. 8). 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 provide that a grandchild, son-in-law, or daughter-in-law 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 grandchild, son-in-law, or daughter-in-law may deliver an absentee ballot to the board of registrars on behalf of a physically disabled elector; to provide that a grandchild, son-in-law, or daughter-in-law may assist a physically

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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 provide that a grandchild, son-in-law, or daughter-in-law may make application for an absentee ballot on behalf of an elector residing temporarily out of the municipality or a physically disabled elector residing within the municipality; to provide that a grandchild, son-in-law, or daughter-in-law may deliver an absentee ballot to the absentee ballot clerk on behalf of a physically disabled elector; to provide that a grandchild, son-in-law, or daughter-in-law may assist a physically disabled or illiterate elector in preparing an absentee ballot; 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 an 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, grandchild, son-in-law, daughter-in-law, 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

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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 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

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shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, 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, grandchild, son-in-law, daughter-in-law, 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:

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(a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, 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

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identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed, and the elector shall then mail or personally deliver the same to the absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, 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, grandchild, son-in-law, daughter-in-law, 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 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989.

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ELECTIONSCONTESTS; TIME FOR FILING PETITION. Code Section 21-2-524 Amended. No. 690 (Senate Bill No. 5). AN ACT To amend Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, so as to change the provisions relating to the time for filing a petition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action under this chapter or within five days after the official consolidation and certification of the returns of that particular office or question by the election official having responsibility for taking such action under this chapter following a recount pursuant to Code Section 21-2-495 and shall allege: (1) The contestant's qualification to institute the contest; (2) The contestant's desire to contest the result of such primary or election and the name of the nomination, office, or question involved in the contest;

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(3) The name of the defendant; (4) The name of each person who was a candidate at such primary or election for such nomination or office in the case of a contest involving same; (5) Each ground of contest; (6) The date of the official declaration of the result in dispute; (7) The relief sought; and (8) Such other facts as are necessary to provide a full, particular, and explict statement of the cause of contest. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1989. ACCESS TO HEALTH CARE COMMISSIONCREATION. No. 45 (House Resolution No. 162). A RESOLUTION Creating the Access to Health Care Commission; and for other purposes. WHEREAS, concern has long been expressed that health care should be widely available and not unfairly denied to those in need; and WHEREAS, in Georgia it is estimated that one in five residents have no health care coverage and therefore have limited access to needed health care service; and

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WHEREAS, the state recognizes the increasing severity of the problem of access to health care in Georgia as well as its responsibility in helping to provide and finance health care for all residents; and WHEREAS, the increasing burden of uncompensated care is endangering the financial stability of the state's community hospitals and other providers; and WHEREAS, it has become increasingly difficult for providers to shift the cost of uncompensated care to business, insurers, or property tax prayers; and WHEREAS, the complexity of addressing this problem requires a thorough study of all study of all available options. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Access to Health Care Commission which shall be appointed by May 1, 1989, and be composed of 29 members as follows: (1) Three members of the Senate appointed by the President of the Senate. One of such members shall be chosen from the membership of the committee on Human Resources and one of such members shall be chosen from the Committee on Insurance; (2) Three members from the House of Representatives appointed by the Speaker of the House of Representatives. One of such members shall be chosen from the membership of the Committee on Health and Ecology and one shall be chosen from the Committee on Insurance; (3) The director, or designee thereof, of the Governor's Office of Management and Budget; (4) The executive director, chairman, or designee thereof of the Business Council of Georgia; (5) The executive director, chairman, or designee thereof of the Georgia Association of Health Care Coalitions;

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(6) The executive director, chairman, or designee thereof of Blue Cross and Blue Shield of Georgia, Inc.; (7) One representative of commercial insurance carriers appointed by the Governor; (8) Three hospital chief administrative officers selected by the Georgia Hospital Association, at least one of whom shall be from the proprietary sector, one to be appointed from a rural community, and one from an urban community; (9) Two county commissioners selected by the Association of County Commissioners of Georgia, one to be appointed from a rural community and one from an urban community; (10) One representative of the medical community to be selected by the Medical Association of Georgia; (11) The executive director, chairperson, or designee thereof of the Georgia Association for Primary Health Care; (12) One knowledgeable representative of organizations working to improve health care for Georgia residents selected by Georgia Indigent Legal Services; (13) The commissioner, or designee thereof, of the Department of Human Resources; (14) The commissioner, or designee thereof, of the Department of Medical Assistance; (15) The executive director, or designee thereof, of the State Health Planning Agency; (16) One representative to be selected by the Georgia State Medical Association; (17) One representative to be selected by the American Association of Retired Persons (AARP); (18) One representative to be selected by the State Health Policy Council;

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(19) One representative to be selected by the Rural Health Care Association; (20) One representative to be selected by the Georgia Nurses Association; and (21) One representative to be selected by the Georgia Organization of Nurse Executives. The Governor shall appoint one additional member of the commission to serve as the chairman of the commission and the commission shall meet upon the call of the chairman. The membership may elect such other officers as it deems advisable and shall establish such rules as it deems necessary. BE IT FURTHER RESOLVED that the commission shall study the problem of access to health care for all Georgians. It shall review existing laws and programs including Medicaid and other alternatives to determine factors limiting health care access. It shall investigate alternatives for removing barriers to access. The commission may hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information. BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the commission who are employees of the state shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The commission shall make a preliminary report of its findings and recommendations to the General Assembly and the Governor on December 1, 1989, and a final report on December 1, 1990. The commission shall stand abolished on December 1, 1990.

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Approved April 19, 1989. JAIL CONSTRUCTION AND STAFFING ACTENACTMENT; ADDITIONAL PENALTIES FOR JAIL CONSTRUCTION AND OPERATION. Code Sections 15-21-90 through 15-21-95 Enacted. No. 691 (Senate Bill No. 26). AN ACT To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities of a county or counties; to provide a short title; to provide a statement of purpose and authority; to provide for the imposition, collection, payment, and expenditure of additional penalties in certain cases; to provide for the amount of such additional penalties; to provide for the payment or posting of additional sums at the time of posting bail or bond in certain cases and the expenditure of such funds; to provide for practices, procedures, and requirements relative to such funds; to provide for penalties; to provide for a county jail 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 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding at the end thereof a new Article 5 to read as follows:

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ARTICLE 5 15-21-90. This article shall be known and may be cited as the `Jail Construction and Staffing Act.' 15-21-91. This article is enacted pursuant to Article III, Section IX, Paragraph VI of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and cases involving violations of ordinances of political subdivisions and provides that the proceeds derived therefrom may be used for constructing, operating, and staffing of jails, correctional institutions, and detention facilities by counties. 15-21-92. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any court in any county until the governing authority of the county or counties adopt a resolution placing this article in effect, requiring the imposition and collection of such additional penalties, and agreeing to expend the funds collected for the purposes provided for in this article. The additional penalties provided for in Code Section 15-21-93 shall not be imposed or collected in any municipal court or other court operated by a municipality unless the municipality and county enter into an intergovernmental contract after January 1, 1990, providing for use of the county jail, correctional institution, or detention facility by municipal prisoners. 15-21-93. (a) (1) In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court in any county or municipality in which this article has been placed in effect as provided in Code Section 15-21-92 shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 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 ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any superior

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court, state court, probate court, magistrate court, municipal court, or other court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-94. (b) Such sums required by subsection (a) of this Code section 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. 15-21-94. (a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the `county jail fund.' (b) Any person whose duty it is to collect and remit the sums provided for in this article who fails or refuses to remit such sums by the date required by this article shall be guilty of a misdemeanor. 15-21-95. Moneys collected pursuant to this article and placed in the county jail fund shall be expended by the governing authority of the county or counties solely and exclusively for constructing, operating, and staffing county jails, county correctional institutions, and detention facilities of the county or for the purpose of contracting for such facilities with other counties, the state, municipalities, or other political subdivisions as authorized by Article IX, Section III, Paragraph I of the Constitution. The county jail fund and moneys collected pursuant to this article to be placed in the county jail fund may be pledged as security for the payment of bonds issued for the construction of county jails, county correctional institutions, and detention facilities of the county or counties. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of constructing, operating, of staffing jails, correctional institutions, and detention facilities.

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Section 2 . This Act shall become effective on January 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989. STATE CONSTRUCTION INDUSTRY LICENSING BOARDUTILITY CONTRACTING; LICENSING; FOREMEN; BIDS. Code Title 43, Chapter 14 Amended. No. 692 (Senate Bill No. 140). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting and certification of utility contracting foremen; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to powers and duties of the divisions of the board; to provide for license application, examination, issuance, and renewal; to provide for certain notifications; to provide for certificate application and the issuance and renewal of certificates; to provide for financial statements and financial standards; to provide for bid limitations; to change certain provisions relating to applicability and exceptions; to prohibit utility contracting work without a utility contractor or utility contracting foreman at the job site; to prohibit unlicensed utility contracting and prohibit opening or considering certain bids for utility contracting and provide penalties therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, is amended by striking Code Section 43-14-1, relating to legislative purpose, and inserting in lieu thereof a new Code section to read as follows: 43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section. Section 2 . Said chapter is further amended by adding at the end of Code Section 43-14-2, relating to definitions, the following new paragraphs: (13) `Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the completed structures or improvements exceed $100,000.00. (14) `Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. An employee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership or corporation rests pursuant to subsection (b) of Code Section 43-14-8.2 shall be licensed. (15) `Utility contracting foreman' means any individual who is employed or engaged by a utility contractor to supervise the construction, erection, alteration, or repair of a utility system.

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(16) `Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations. Section 3 . Said chapter is further amended by striking from subsection (c) of Code Section 43-14-3, relating to the creation of the State Construction Industry Licensing Board, the following: (c) The board shall be composed of 22 members, and inserting in lieu thereof the following: (c) The board shall be composed of 27 members, by striking from the end of paragraph (4) of said subsection (c) the following: ; and, and inserting in lieu thereof the following: ; , by redesignating paragraph (5) of said subsection (c) as paragraph (6), and inserting immediately prior thereto a new paragraph (5) to read as follows: (5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and, and by adding in subsection (d) thereof immediately after the following: July 1, 1984, and ending June 30, 1987., the following: Members of the Division of Utility Contractors shall be appointed by the Governor, subject to confirmation by the

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Senate, for initial terms beginning July 1, 1989, and ending June 30, 1992. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to meetings and organization of the board, and inserting in lieu thereof a new subsection to read as follows: (b) The office of chairman shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman. Section 5 . Said chapter is further amended by striking paragraphs (2) and (4) of Code Section 43-14-5, relating to powers of the board, and inserting in their respective places new paragraphs to read as follows: (2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, and certification; provided, further, that a similar privilege is offered to residents of this state; (4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, utility, and conditioned air contracting; and. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to duties of the various divisions of the board, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master

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Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to engage in or certificate holders engaging in the business of a utility contracting foreman; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall: (1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division licensing such contractors in order to protect the safety and welfare of the public; (2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. The Division of Electrical Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for master plumber Class I, master plumber Class II, and journeyman plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU

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(net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Low-voltage Contractors shall prepare separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting; (3) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions: (A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low-voltage Contractor Class LV-A; (I) Low-voltage Contractor Class LV-T; (J) Low-voltage Contractor Class LV-G; (K) Low-voltage Contractor Class LV-U;

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(L) Utility contracting foreman (certificate); and (M) Utility contractor; (4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession; (5) After notice and hearing, have the power to reprimand any person or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds: (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board; (B) Failure at any time to comply with the requirements for a license under this chapter; (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter; (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession; (F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board; (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the

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standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked; (H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or (I) With respect to utility contractors, violations of Chapter 9 of Title 25. (6) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and (7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter. Section 7 . Said chapter is further amended by adding immediately following Code Section 43-14-8.1 new Code sections to read as follows: 43-14-8.2. (a) For purposes of this Code section only, `division' means the `Division of Utility Contractors.' (b) No person shall engage in utility contracting unless such person has a valid license therefor from the Division of Utility Contracting.

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(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application to the board, satisfactorily completes the examination required by this chapter, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Utility Contractor license. (d) The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in the vocation of utility contracting after July 1, 1990, shall take or have taken the examination and qualified under this Code section before engaging in such vocation. (e) No partnership or corporation shall have the right to engage in the business of utility contracting unless there is regularly connected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the utility contracting work of all employees of such partnership or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which utility contracting is performed, at least one person stationed in each branch office of such partnership or corporation, engaged in the performance of utility contracting on a full-time basis and supervising the utility contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section. (f) It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partnership or corporation rested. (g) (1) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or

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corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division. (2) An applicant shall include his safety policy or the safety policy of his corporation or partnership. An approved safety policy is required before an applicant will be issued a license. The safety policy shall provide the details of regularly scheduled safety meetings for all field personnel. (h) The division shall notify each local governing authority of the provisions of this chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after July 1, 1990, any person desiring a license to engage in the vocation of utility contracting shall be required to pass an examination as provided in this chapter. (i) The division shall require applicants for licensure under this Code section to file with their application and licensees under this Code section to file along with any license renewal fee financial statements containing information as prescribed by the division and to indicate the letter symbol indicating the maximum bid limits the applicant is requesting. No financial statements will be required of any applicant requesting licensure for letter symbol `A' as provided in this subsection. Such financial statements shall be reviewed by the staff but shall not be inspected or reviewed by members of the board or division unless there is a problem or controversy arising pursuant to the provisions of this Code section involving such financial statements. Such financial statements shall be confidential information and shall not be available for inspection by contractors or the general public. The licenses granted under this Code section shall stipulate the type or types of work the utility contractor is permitted to bid on or to perform under that person's license and shall contain a letter symbol indicating the maximum limits on which that person is permitted to bid or perform in a single contract. The maximum bid limits shall be set by the formula of

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not more than ten times the net worth as shown by the applicant's latest financial statement and designated in the classification set out in this subsection that is the closest to this amount. Should the applicant's financial statement fail to substantiate the limits requested, further consideration may be given to: (1) The present market value in lieu of book value of listed assets when properly supported with substantiating evidence; and (2) A combined statement of the applicant that includes other wholly owned or substantially owned interests. When an applicant's financial statement qualifies for an amount in excess of classification `C,' the limits shall then be set as classification `U' - Unlimited. The following letter symbols indicate the maximum amount bid limits allowed a licensee on any single contract undertaking: A - Not to exceed $ 100,000.00 B - Not to exceed 500,000.00 C - Not to exceed 1,000,000.00 U - Unlimited (j) Any person desiring to change the limit of that person's license shall make application for revision of that license on the prescribed form furnished by the board. The application shall be supported by a current financial statement and evidence of that person's ability to furnish contract bond for such amounts as are required for the higher limitation for which that person is applying. Under no circumstances shall a utility contractor be permitted to bid in excess of that person's license coverage prior to the time such revision is effected. (k) It shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope.

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(l) As a condition to the renewal of licenses, the division may require licensees to complete certain hours of continuing education in safety and technical training. 43-14-8.3. (a) After July 1, 1990, no person may be employed as a utility contracting foreman unless that person is certified by the division. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division or pursuant to rules and regulations of the division the furnishing of proof that the individual has successfully performed work as a utility contracting foreman for a period of at least two years. For the purposes of this subsection, a program of safety training established by a public utility shall be an approved course of safety training. Application for certification shall be made on forms prescribed and furnished by the division and shall be accompanied by a fee as prescribed by the division. (c) No utility system shall be constructed, erected, altered, or repaired unless a utility contractor or utility contracting foreman is present at the job site of such construction, erection, alteration, or repair of the utility system. Section 8 . Said chapter is further amended by striking Code Section 43-14-15, relating to general applicability, and inserting in lieu thereof a new Code section to read as follows: 43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section. (b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services or utility systems, up to and including the meters where such work is performed by and is an integral part of the system owned or

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operated by a public service corporation or the electrical, water, or gas department of any municipality in this state, in rendering its duly authorized service as such. (c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, except low-voltage wiring systems, or utility systems where such work is performed and is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry. (d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board. (e) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, airconditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board. (f) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, airconditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.

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(g) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, airconditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter. Section 9 . Said chapter is further amended by striking Code Section 43-14-16, relating to exemptions, and inserting in lieu thereof a new Code section to read as follows: 43-14-16. (a) This chapter shall not apply to: (1) The installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; or (2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system. (b) Reserved. (c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services upon residential property owned or leased by him and at which he resides. (d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business which performs plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air work unless the employer is engaged

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in the practice of plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contracting. Such employees are only exempt when working on the premises of that employer. (e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county. (f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, airconditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (g) This chapter shall not apply to manufactured housing service personnel who: (1) Couple the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing; (2) Connect the exterior sewer outlets to the above-ground sewer system; or (3) Connect the exterior water line to the above-ground water system. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level.

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(i) Any person qualified by the Department of Transportation to perform utility contracting for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Section 43-14-8.3 in order to perform utility contracting for the department. Section 10 . This Act shall become effective upon necessary appropriations being specifically made by the General Assembly to fund this Act. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989. GEORGIA MULTILINE HEAVY EQUIPMENT DEALER ACTENACTMENT; REGULATION OF DEALERS AND SUPPLIERS. Code Sections 10-1-730 through 10-1-740 Enacted. No. 693 (Senate Bill No. 141). AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppliers; to provide for notice of intent to amend or cancel an agreement; to provide for transfer of a dealer's business; to provide for all notices to be sent by certified or registered mail; to prohibit certain actions by dealers and suppliers; to prohibit a supplier from requiring a dealer to waive any provisions of this Act; to provide for the reasonableness and good faith of agreements; to provide remedies with respect to violations of this Act; to provide for applicability of this Act; to repeal conflicting laws; and for other purposes.

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WHEREAS, the General Assembly finds that the use of heavy equipment is vital to the construction of transportation and other public works projects and to the construction, manufacturing, processing, forestry, maritime, and mining industries in the state; and WHEREAS, public works projects, construction, manufacturing, and other industrial activity in the state require substantial expenditures of public and private funds and are essential to the economy of the state; and WHEREAS, a stable business climate for the supply and distribution of heavy equipment is necessary to encourage and support industry and economic development in the state; and WHEREAS, it is in the public interest that the General Assembly exercise its power to establish policy and regulate commerce in order to define the rights and responsibilities of suppliers and multiline dealers of heavy equipment; establish conditions for the continuation of heavy equipment distributorships; foster fair business relations between suppliers and dealers of heavy equipment; prohibit unfair treatment of dealers of heavy equipment; and promote compliance with heavy equipment distribution agreements; and WHEREAS, multiline dealers have unique needs which need to be addressed; and WHEREAS, the General Assembly has made the determination that it is in the best interest of the public that an Act apply to multiline dealers and that the public interest and good will require that multiline dealers be given rights and protections. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new Article 26 to read as follows: ARTICLE 26 10-1-730. This article shall be known and may be cited as the `Georgia Multiline Heavy Equipment Dealer Act.'

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10-1-731. As used in this article, the term: (1) `Agreement' means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier's heavy equipment products and attachments and repair parts therefor and in connection therewith to use a trade name, trademakr, service makr, logo type, or advertising or other commercial symbol. (2) `Heavy equipment' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term `heavy equipment' shall not include: (A) Motor vehicles requiring registration and certificates of title; (B) Farm machinery, equipment, and implements; or (C) Equipment that is `consumer goods' within the meaning of Code Section 11-9-109. (3) `Multiline dealer' means a person in Georgia meeting all the following requirements: (A) Who is engaged in the business of selling or leasing heavy equipment at retail; (B) Who customarily maintains a total inventory valued at over $250,000.00 of new heavy equipment and attachments and repair parts therefor; (C) Who provides repair services for the heavy equipment sold; (D) Who has agreements with at least six different suppliers; and

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(E) Whose retail sales volume of heavy equipment purchased from a single supplier, under all agreements with that supplier, is not greater than 75 percent of such person's total retail sales volume of heavy equipment during: (i) The 12 month period immediately prior to July 1, 1989, if an agreement or agreements between the supplier and such person is or are in effect on July 1, 1989; or (ii) The 12 month period immediately following the date the initial agreement between the supplier and such person is entered into, or portion thereof in the event of cancellation, termination, or transfer of the business prior to the end of such 12 month period, if such initial agreement is entered into subsequent to July 1, 1989. (4) `Person' means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors, or other persons in active control of the activities of each such entity. The term `person' also includes heirs, assigns, personal representatives, and guardians. (5) `Supplier' means every person, including any agent of such person or any authorized broker acting on behalf of that person, that enters into an agreement with a multiline dealer. 10-1-732. (a) Notwithstanding the terms, provisions, or conditions of any agreement, no supplier shall unilaterally amend, cancel, terminate, or refuse to continue to renew any agreement, or unilaterally cause a dealer to resign from an agreement, unless the supplier has first complied with the provisions of this article and good cause exists for amendment, termination, cancellation, nonrenewal, noncontinuance, or causing a resignation. The term `good cause' shall not include the sale or purchase of a supplier. The term `good cause' shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Georgia or multiline dealer performance deficiencies including, but not limited to, the following:

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(1) Bankruptcy or receivership of the multiline dealer; (2) Assignment for the benefit of creditors or similar disposition of the assets of the dealer, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business; or (3) (A) Failure by the multiline dealer to comply substantially, without reasonable cause or justification, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a multiline dealer to: (i) Maintain a sales volume or trend of his supplier's product line or lines comparable to that of other similarly situated dealers of that product line; or (ii) Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated. (B) In any determination as to whether a multiline dealer has failed to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the market area of the multiline dealer in question and to comparable market area. (b) No supplier shall be required to give notice or show good cause pursuant to subsection (a) of this Code section to amend unilaterally agreements with multiline dealers to comply with federal or state law or, where not inconsistent with this article, to amend uniformly agreements as to all multiline dealers of the supplier in question in all states in which the supplier is marketing its products.

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(c) In any dispute as to whether a supplier has acted with good cause as required by this Code section, the supplier shall have the burden of proof to establish that good cause existed. 10-1-733. (a) Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days' prior written notice of any intention to amend, terminate, cancel, or decline to renew any agreement. The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal. (b) Where such reason or reasons relate to a condition or conditions which may be rectified by action of the multiline dealer, he shall have 75 days in which to take such action and, within such 75 day period, shall give written notice to the supplier if and when such action is taken. If such condition or conditions have been rectified by action of the multiline dealer, then the proposed amendment, termination, cancellation, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the multiline dealer has not rectified one or more of such conditions, such supplier must give written notice thereof to the multiline dealer within 15 days after the dealer gave notice to the supplier of the action taken. (c) During the 120 day notice period provided for in subsection (a) of this Code section, the multiline dealer shall have the right to contract for a transfer of his or her business to another person who meets the material and reasonable qualifications and standards required by the supplier of its multiline dealers. The multiline dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120 day notice period. (d) An agreement may be immediately terminated, amended, canceled, or allowed to expire and no notice shall be required if the reason for the amendment, termination, cancellation, or nonrenewal is: (1) The bankruptcy or receivership of the multiline dealer;

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(2) An assignment for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business; (3) Willful or intentional misrepresentation made by the multiline dealer with the express intent to defraud the supplier; (4) Failure of the multiline dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the multiline dealer's reasonable control; (5) Failure to pay any undisputed amount due the supplier continuing for 30 days after written notice thereof; or (6) A final conviction of the multiline dealer of a felony. 10-1-734. (a) No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer's business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying its multiline dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the multiline dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a multiline dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a multiline dealer's request to make a transfer under this subsection. (b) Whenever a transfer of a multiline dealer's business occurs, the transferee shall assume all the obligations imposed on and succeed to all the rights held by the selling multiline dealer by virtue of any agreement consistent with this article between the selling multiline dealer and one or more suppliers entered into prior to the transfer.

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(c) In any dispute as to whether a supplier has denied consent in violation of this Code section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent. 10-1-735. Notices required by this article shall be sent by certified or registered mail, postage prepaid. 10-1-736. No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the supplier for its multiline dealers. 10-1-737. The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any agreement inconsistent with this article. No supplier shall require any multiline dealer to waive compliance with any provision of this article. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or variance. Nothing in this article shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties. 10-1-738. (a) Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly. (b) This article shall impose on every term and provision of any agreement a requirement of reasonableness. Every term or provision of any agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable. 10-1-739. (a) Venue to hear and determine cases and controversies arising under the provisions of this article shall be in the superior court of the county wherein the multiline dealer has its principal place of business. The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this article, including, but not limited to, declaratory judgment and injunctive relief.

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(b) In addition to any other remedies available at law or in equity, if a supplier has attempted or accomplished an annulment, cancellation, or termination or has refused to continue or renew an agreement without good cause or has withheld or delayed consent in violation of Code Section 10-1-732 or Code Section 10-1-734, then the multiline dealer shall be entitled to recover losses and damages, both general and special, proximately resulting therefrom, together with the costs of the action and reasonable legal fees. Such damages shall include compensation for the value of the agreement and the loss of good will of the multiline dealer's business, if any, arising therefrom. (c) No supplier may cancel, terminate, or refuse to continue to renew an agreement during the period set forth in this article or during the pendency of litigation or arbitration with respect thereto except under the conditions set forth in subsection (d) of Code Section 10-1-733. 10-1-740. The provisions of this article shall apply to any agreements entered into on or after July 1, 1989. The provisions of this article shall also apply to any agreement modified or amended on or after July 1, 1989. The provisions of this article are also applicable to any renewal or amendment of such agreements. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989.

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HEALTHHEPATITIS B VACCINATIONS FOR FIREMEN, EMERGENCY MEDICAL TECHNICIANS, AND PUBLIC SAFETY OFFICERS; COSTS. Code Title 31, Chapter 34 Enacted. No. 694 (Senate Bill No. 313). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of legislative findings; to provide for definitions; to provide for a program of voluntary vaccinations for firemen, emergency medical technicians, and public safety officers; to provide for the costs of such vaccinations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 34 to read as follows: CHAPTER 34 31-34-1. The General Assembly finds and declares that, by reason of their employment, firefighters, emergency medical technicians, and public safety officers are required to work in the midst of and are subject to exposure to infectious diseases, especially hepatitis B; that the United States Centers for Disease Control have estimated that 200,000 persons in the United States are infected each year with hepatitis B and of that number 25 percent become ill, 10,000 require hospitalization, and 5,000 die; that it is estimated that there are from 500,000 to 1,000,000 infectious hepatitis B carriers in the United States, of which up to 80 percent of such chronic carriers are unaware that they have hepatitis B and are capable of spreading it; that there is no known cure for hepatitis B and for firefighters, emergency medical technicians, and public safety officers, there is no way of knowing who among those being helped at an accident or a fire is

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a hepatitis B carrier. The General Assembly further finds and declares that all the aforementioned conditions exist and arise out of or in the course of such employment. 31-34-2. As used in this chapter, the term: (1) `Emergency medical technician' means an emergency medical technician as defined in Code Section 31-11-2. (2) `Fire department' means a service group (paid or volunteer) that is organized and trained for the prevention and control of loss of life and property from fire or other emergency. (3) `Firefighter' means an individual who is assigned by a fire department to fire-fighting activity and is required to respond to alarms and perform emergency action at the location of a fire, a hazardous materials emergency, or other emergency incident. (4) `Public safety officer' means an individual sworn to enforce the criminal laws of this state or any county or municipality of this state. 31-34-3. Any active firefighter, emergency medical technician, or public safety officer who may be exposed to hepatitis B during a period while the firefighter, emergency medical technician, or public safety officer is engaged in the performance of his or her duties shall be vaccinated at the request of the firefighter, emergency medical technician, or public safety officer for protection against hepatitis B. The cost, after the payment by any third party payer, of such vaccination shall be paid by the county, municipality, or other person or entity employing such fire-fighter, emergency medical technician, or public safety officer or by the governing authority of the county in the case of a volunteer firefighter. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989. EMERGENCY MEDICAL SERVICESPARAMEDIC CLINICAL PRECEPTORS; TRAINEES; SUPERVISION; AMBULANCE SERVICE MEDICAL DIRECTORS; BASE STATION FACILITIES. Code Sections 31-11-2 and 31-11-54 Amended. Code Section 31-11-60.1 Enacted. No. 695 (Senate Bill No. 320). AN ACT To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to define the term paramedic clinical preceptor; to provide that while in training preparatory to becoming certified, paramedic trainees may perform any of the functions specified in Code Section 31-11-54 under the direct supervision of an approved paramedic clinical preceptor; to provide for definitions; to provide for a program to ensure appropriate physician direction over the rendering of emergency medical services by certain emergency medical services personnel; to provide for duties and responsibilities of the ambulance service medical director; to provide for protocols, requirements, standards, and sanctions relating to the service provided; to provide for the duties and responsibilities of base station facilities; 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 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is

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amended by adding between paragraphs (16) and (17) of Code Section 31-11-2, relating to definitions, a new paragraph (16.1) to read as follows: (16.1) `Paramedic clinical preceptor' means a Georgia certified paramedic with a minimum of two years of emergency medical services experience who meets the standard requirements for paramedic preceptor training as established by the department. Section 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 31-11-54, relating to services which may be rendered by paramedics and paramedic trainees, and inserting in lieu thereof a new subsection (b) to read as follows: (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, a registered nurse, or an approved paramedic clinical preceptor. Section 3 . Said chapter is further amended by adding following Code Section 31-11-60 a new Code Section 31-11-60.1 to read as follows: 31-11-60.1. (a) As used in this Code section, the term: (1) `Ambulance service medical director' means a physician licensed to practice in this state and subject to the approval of the local coordinating entity and the department who has agreed, in writing, to provide medical direction to a specific ambulance service. (2) `Base station facility' means any facility responsible for providing direct physician control of emergency medical services. (3) `District emergency medical services medical director' means a person who is: (A) A physician licensed to practice medicine in this state;

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(B) Familiar with the design and operation of prehospital emergency services systems; (C) Experienced in the prehospital emergency care of acutely ill or injured patients; and (D) Experienced in the administrative processes affecting regional and state prehospital emergency medical services systems. (4) `Emergency medical services personnel' means any emergency medical technician, paramedic, cardiac technician, or designated first responder who is certified under this article. (b) The department and the district emergency medical services medical directors shall develop and implement a program to ensure appropriate physician control over the rendering of emergency medical services by emergency medical services personnel to patients who are not in a hospital, which program shall include but not be limited to the following: (1) Medical protocols regarding permissible and appropriate emergency medical services which may be rendered by emergency medical services personnel to a patient not in a hospital; (2) Communication protocols regarding which medical situations require direct voice communication between emergency medical services personnel and a physician or a nurse or a paramedic or a physician's assistant in direct communication with a physician prior to those emergency medical services personnel's rendering specified emergency medical services to a patient not in a hospital; (3) Record-keeping and accountability requirements for emergency medical services personnel and base station facility personnel in order to monitor compliance with this subsection; and (4) Base station facility standards.

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(c) The ambulance service medical director shall serve as the medical authority for the ambulance service, performing liaison activities with the medical community, medical facilities, and governmental agencies. The ambulance service medical director shall be responsible for the provision of medical direction and training for the emergency medical services personnel within the ambulance service for which he is responsible in conformance with acceptable emergency medical practices and procedures. These responsibilities shall include the duties set forth in the department's rules and regulations for ambulance services. (d) The district emergency medical services medical director shall not override those policies or protocols of the ambulance service medical director if that ambulance service medical director is documenting compliance with the department's rules and regulations for ambulance services. (e) Every base station facility shall comply with the policies, protocols, requirements, and standards provided for in subsection (b) of this Code section. (f) All emergency medical services personnel shall comply with appropriate policies, protocols, requirements, and standards of the ambulance service medical director for that service or the policies, protocols, requirements, and standards provided for in subsection (b) of this Code section. (g) Conduct which would otherwise constitute a violation of subsection (f) of this Code section shall not be such a violation if such conduct was carried out by any emergency medical services personnel pursuant to an order from a physician, the ambulance service medical director for such person, or the protocol of that ambulance service as approved by the ambulance service medical director for such person. (h) Violation by any base station facility of subsection (e) of this Code section may be grounds for the removal of that base station facility's designation by the department. (i) Enforcement of subsections (g) and (h) of this Code section shall commence no earlier than 12 months after July 1, 1989.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989. GEORGIA STATE GAMES COMMISSIONCREATION; GEORGIA STATE GAMES ESTABLISHED; OLYMPIC TRAINING CENTERS. Code Sections 50-12-40 through 50-12-48 Enacted. No. 697 (Senate Bill No. 194). AN ACT To amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and qualifications of members; to provide for the election of a chairman; to provide for meetings; to specify a quorum; to specify powers and duties; to authorize contracting with a direct-support organization; to provide for provisions of any such contract; to provide for organization of the Georgia State Games; to provide for the frequency and sites of such games; to authorize the Governor to permit the use of property, facilities, and personal services of any state university system facility for use by the Georgia State Games and Olympic training centers; to provide for an annual financial and compliance audit of any direct-support organization; to provide for an annual report by the commission; to provide for the submission of an initial report and budget; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, is amended by striking in its entirety Article 3 and inserting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 50-12-40. As used in this article, the term: (1) `Direct-support organization' means a Georgia nonprofit corporation organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the Georgia State Games, Olympic training facilities, and the promotion of national and international amateur sports competition. (2) `Physical fitness' means good or improved habits relating to recreation, exercises, sports, and the use of leisure time and instructions for these purposes and for improving the physique and health of the residents of the state. 50-12-41. (a) There is created a Georgia State Games Commission, hereafter called the commission, for the purpose of protecting and improving the physical fitness of the residents of the state. (b) The commission is assigned to the Department of Human Resources for administrative purposes only, as specified in Code Section 50-4-3. 50-12-42. The purpose of this article is: (1) To promote the health and physical fitness of the citizens of this state; (2) To promote participation in amateur sports by citizens of all ages and skill levels; (3) To promote a state-wide program of amateur athletic competition, culminating in state championship competitions; and

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(4) To promote state, national, and international amateur sports through the establishment of Olympic training facilities within the state. 50-12-43. (a) The commission shall consist of 12 members to be appointed as follows: (1) The Governor shall appoint one member from each congressional district in this state; (2) The President of the Senate shall appoint one member from the state at large; and (3) The Speaker of the House of Representatives shall appoint one member from the state at large. (b) The members shall be selected because of their experience and interest in physical fitness and amateur athletics and shall share a commitment to promote amateur athletics in the state. Members shall serve for four-year terms, and shall be eligible for reappointment for an unlimited number of terms. (c) Members shall elect a chairman who shall be a member of the commission. The commission shall meet regularly at the call of the Governor or the chairman. Six members shall constitute a quorum. The commission shall adopt such rules and regulations as are necessary and proper to govern its procedure and business. (d) In the event of the death, disability, resignation, removal, or refusal to serve of any member, the appointing official of that member shall appoint a qualified person to fill the unexpired term. 50-12-44. To promote physical fitness and sports, the commission shall: (1) Promote the development of a program of statewide amateur athletic competition to be known as the `Georgia State Games'; (2) Promote the development of Olympic training centers within the state. Such centers shall be managed by a

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Georgia State Games and Olympic training centers direct-support organization under contract with the Department of Human Resources as further provided in Code Section 50-12-45. The commission shall assure that state and local governmental entities and other entities cooperate to the extent feasible in providing existing facilities for use in Olympic training; (3) Promote national and international amateur athletic competitions; (4) Recommend rules for adoption and establish policies for the operation of the Georgia State Games, the promotion of national and international amateur athletic competitions, and the development of Olympic training centers; (5) Maintain liaison with the Department of Education, county and independent boards of education, private and parochial schools, physical fitness commissions of the several political subdivisions of this state, and comparable agencies of other states or of the federal government; (6) Develop, foster, and coordinate services and programs of physical fitness and amateur sports for the people of this state; (7) Sponsor physical fitness and amateur sports workshops, clinics, conferences, and other similar activities; (8) Give recognition to outstanding developments and achievements in, and contributions to, physical fitness and amateur sports; (9) Stimulate physical fitness research; (10) Collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and amateur sports; (11) Assist public, private, and parochial schools in developing health and physical fitness programs for students;

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(12) Encourage local governments and communities to develop local physical fitness programs and amateur athletic competitions; (13) Develop programs to promote personal health and physical fitness in cooperation with medical, dental, and other similar professional societies; (14) Enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations to promote and improve physical fitness and amateur sports programs; (15) Hire a director and staff sufficient to accomplish its goals and supply all necessary office space, equipment, and supplies; and (16) Accept from the federal government or any instrumentality thereof or from any person, firm, or corporation in the name of and for the state, services, equipment, supplies, materials, or funds by way of gift or grant for any purposes provided by this article. 50-12-45. (a) The commission may authorize a direct-support organization as defined by Code Section 50-12-40 to assist the operation of the Georgia State Games, the promotion of national and international amateur athletic competitions, and the development of Olympic training centers. The direct-support organization shall operate under contract with the Department of Human Resources. (b) The contract between the direct-support organization and the Department of Human Resources shall, at a minimum, provide for: (1) Approval of the articles of incorporation of the direct-support organization by the commission, and for the governance of the direct-support organization by members appointed by the commission and approved by the Governor; (2) Submission of an annual budget for the approval of the commission and the Governor. The budget shall be in accordance with rules adopted by the commission;

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(3) Certification by the Governor or his designee, after conducting an annual financial and performance review, that the direct-support organization is operating in compliance with the terms of the contract and in a manner consistent with the goals of the commission and in the best interest of the state. Such certification shall be made to the commission annually and reported in the official minutes of a meeting of the commission; (4) The release and conditions for the expenditure of any state revenues; (5) The reversion to the state of funds held in trust by the direct-support organization if the contract is terminated; and (6) The fiscal year of the direct-support organization as beginning on July 1 and ending June 30 in each and every year. (c) The Georgia State Games shall be patterned after the Summer Olympic games with variations as necessitated by the availability of facilities, equipment, and expertise. The games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Georgia communities. Participants shall be residents of this state. Regional competitions shall be held throughout the state, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site in the state having the necessary facilities and equipment for conducting the competitions. (d) The commission shall determine the frequency of the Georgia State Games and shall select the site of the games; provided, however, that no site shall be selected more than once in any consecutive three-year period. The commission shall select sites from diverse geographic regions within the state. 50-12-46. The Governor is authorized to permit the use of property, facilities, and personal services of or at any university system facility or institution by any Georgia State Games and Olympic training centers direct-support organization, subject to the provisions of this Code section. For the purposes of this Code section, personal services includes full-time or part-time personnel as well as payroll processing.

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50-12-47. The Georgia State Games direct-support organization shall make provisions for an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant in accordance with rules established by the commission. The annual audit report shall be submitted to the Governor and the commission for review and approval. Upon approval, the Governor and the commission shall certify the audit report to the Department of Audits and Accounts for review and approval. 50-12-48. (a) The commission shall make an annual report of its activities to the Governor and to the General Assembly, with any recommendations which it may wish to make. Such report shall be due not later than the first day of January of each year. (b) Not later than January 1, 1990, the commission shall submit to the Governor and to the General Assembly a detailed description of the operations of the Georgia State Games including an itemized budget for the first three years of operation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989. MOTOR VEHICLES AND TRAFFICSCHOOL BUS REDEFINED. Code Section 40-1-1 Amended. No. 698 (House Bill No. 592). AN ACT To amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so

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as to change the definition of the term school bus; 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 of terms used in Title 40, is amended by striking in its entirety subparagraph (A) of paragraph (50) and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) A motor vehicle operated for the transportation of school children to and from school or school activities or for the transportation of children to and from church or church activities. Such term shall not include a motor vehicle with a capacity of 15 persons or less operated for the transportation of school children to and from school activities or for the transportation of children to and from church or church activities if such motor vehicle is not being used for the transportation of school children to and from school; or. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1989.

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CONTRACTSPUBLIC WORKS CONTRACTS; BONDS; CONTRACTS UNDER $40,000.00. Code Section 13-10-1 Amended. No. 700 (House Bill No. 309). AN ACT To amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code section shall not apply where the total contract price does not exceed $40,000.00; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall not apply where the total contract price does not exceed $40,000.00; 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 . 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 21, 1989.

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DAY-CARE CENTERSCOMMISSIONS; FIRE SAFETY. Code Sections 25-2-13 and 49-5-12 Amended. No. 701 (House Bill No. 114). AN ACT To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the Children and Youth Act, so as to change the provisions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to be commissioned by the Department of Human Resources in lieu of obtaining a license from said department; to require commissioned day-care centers to operate in accordance with the same procedures, standards, rules, and regulations which are established for the operation of licensed day-care centers; to provide for the inspection of commissioned day-care centers; to provide under certain conditions for the granting of a temporary commission or a restricted commission for day-care centers; to provide a penalty for failure to be commissioned by the department; to provide for civil remedies against day-care centers which operate without being commissioned or in violation of certain laws or regulations; to redesignate certain provisions of law; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present special hazards to persons or property and which require certain construction and maintenance standards, so as to provide that a commissioned day-care center shall be considered a building which constitutes a special hazard to the life and safety of persons on account of fire or panic from fear of fire; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the Children and Youth Act, is amended by striking in its entirety Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies

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and facilities, and inserting in lieu thereof a new Code Section 49-5-12 to read as follows: 49-5-12. (a) `Child welfare agency' means any childcaring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center. (b) (1) Day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall notify the department annually and be commissioned in lieu of being licensed. Commissioned day-care centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed day-care centers. Any day-care center operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization may voluntarily elect to apply for a license as provided for in paragraph (2) of this subsection. (2) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing or commissioning of child welfare agencies. A license or commission issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed or commissioned agency as a part of its work, subject to this article and rules and regulations of the board. (3) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed

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rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee. (4) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. (5) After a family day-care home, group day-care home, or day-care center has been licensed, commissioned, or registered by the department as provided in this article, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing, commissioning, or registering such agencies. (6) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use. (7) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services. (8) 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 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

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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. (c) The department shall assist applicants or licensees or persons holding commissions in meeting standards of the department and, if a licensee or person holding a commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet department standards, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed or commissioned child welfare agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved. (d) Application for a license or commission shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the child welfare agency meets the standards prescribed by the department, the department shall issue such child welfare agency a license or commission for a one-year period. (e) If the department finds that any child welfare agency applicant does not meet standards prescribed by the department but is attempting to meet such standards, the department may, in its discretion, issue a temporary license or commission to such child welfare agency, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards of the department, the department may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a

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restricted license or commission which states the restrictions on its face. (f) The department shall refuse a license or commission upon a showing of: (1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety; (2) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or (3) Prior license or commission denial or revocation within one year of application. (g) All licensed or commissioned child welfare agencies shall prominently display the license or commission issued to such agency by the department at some point near the entrance of the premises of such agency that is open to view by the public. (h) The department's action revoking or refusing to renew or issue a license or commission required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except that only 30 days' notice in writing from the commissioner's designee shall be required prior to license or commission revocation and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be deterimental to the physical or mental health of any child who will testify at that hearing. (i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care.

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(j) Child-placing agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating each such home and the character and reputation of the persons residing therein and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practicable, be placed with persons of the same religious faith as the children themselves or the children's parents. (k) It shall be the duty of the department to inspect at regular intervals all licensed or commissioned child welfare agencies within the state, including all family boarding homes, foster family homes, and family day-care homes used by such agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee. (l) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any child welfare agency or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require. (m) If abuses, derelictions, or deficiencies are found in the operation and management of any child welfare agency, they shall be brought immediately to the attention of the management of such agency; and if correctable, but not corrected within a reasonable time, the department shall revoke the license or commission of such agency in the manner prescribed in this Code section. (n) Each child welfare agency shall make an annual report of its work to the department in such form and at such time as the department shall prescribe. The department shall prepare and supply child welfare agencies with all forms needed for the purpose of providing the department with such information as may, from time to time, be required by the department. (o) Child welfare agencies and other facilities and institutions wherein children and youths are detained which are operated by any department or agency of state, county, or municipal government shall not be subject to licensure under this

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Code section, but the department may, through its authorized agents, make periodic inspections of such agencies, facilities, and institutions. Reports of such inspections shall be made privately to the proper authorities in charge of such agencies, facilities, or institutions. The department shall cooperate with such authorities in the development of standards that will adequately protect the health and well-being of all children and youths detained in such agencies, facilities, and institutions or provided care by them. The department may recommend changes in programs and policies and if, within a reasonable time, the standards established by the department and the recommendations of the department are not met, it shall be the duty of the commissioner to make public in the community in which such agency, facility, or institution is located the report of the above-mentioned inspection and the changes recommended by the department. If any serious abuses, derelictions, or deficiencies are found and are not corrected within a reasonable time, the commissioner shall report them in writing to the Governor. (p) Any child welfare agency that shall operate without a license or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license or commission shall constitute a separate offense. (q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in adoption proceedings. (r) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child welfare agency without a license or commission or the continued operation

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of a child welfare agency in willful violation of this article or of any regulation of the department or in violation of any order of the board. (s) The term `licensed day-care center' shall include a commissioned day-care center and any references in this Code to a licensed day-care center, including criminal, administrative, and civil provisions applicable to licensed day-care centers, shall include and apply to commissioned day-care centers unless otherwise provided in this Code section. Section 2 . Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present special hazards to persons or property and which require certain construction and maintenance standards, is amended by striking in its entirety subparagraph (b)(1)(I) and inserting in lieu thereof a new subparagraph (b)(1)(I) to read as follows: (I) Group day-care homes and day-care centers required to be licensed or commissioned as such by the Department of Human Resources and in which at least seven children receive care. As used in this subparagraph, the term `group day-care home' means a day-care facility subject to licensure by the Department of Human Resources where at least seven but not more than 12 children receive care; and the term `day-care center' means a day-care facility subject to licensure or issuance of a commission by the Department of Human Resources where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not requires staff-to-child ratios; and. 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 21, 1989.

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MOTOR VEHICLES AND TRAFFICFUNERAL PROCESSIONS; RIGHT OF WAY; PENALTIES. Code Section 40-6-76 Enacted. No. 702 (House Bill No. 409). AN ACT To amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, so as to provide for uniform rules of the road relative to the operation of motor vehicles in a funeral procession; to provide the conditions and exceptions under which funeral processions shall have the right of way and the manner of operating vehicles not a part of a funeral procession; to provide for penalties; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, is amended by adding at the end thereof a new Code Section 40-6-76 to read as follows: 40-6-76. (a) As used in this Code section, a `funeral procession' means an array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a funeral procession unless led by a state or local new enforcement vehicle and each vehicle participating in the funeral procession is operating its headlights. (b) Funeral processions shall have the right of way at intersections subject to the following conditions and exceptions: (1) Operators of vehicles in a funeral procession shall yield the right of way upon the approach of an authorized emergency vehicle giving an audible or visible signal; and (2) Operators of vehicles in a funeral procession shall yield the right of way directed to do so by a traffic officer.

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(c) Funeral processions escorted by the police, a sheriff, or a sheriff's deputy shall have the right of way in any street or highway through which they may pass. Local governments may, by ordinance, provide for such escort service and provide for the imposition of reasonable fees to defray the cost of such service. (d) The operator of a vehicle not in a funeral procession shall not interrupt a funeral procession except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving an audible or visible signal. (e) Operators of vehicles not a part of a funeral procession shall not join a funeral procession by operating their headlights for the purpose of securing the right of way granted by this Code section to funeral processions. (f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a two-lane highway. (g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of a misdemeanor and, upon conviction, 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 21, 1989.

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INSURANCEGEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT; EXEMPTION; PERSONS NOT DOMICILED IN GEORGIA. Code Section 33-34-16 Enacted. No. 703 (House Bill No. 501). 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 exempt persons not domiciled in Georgia from certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 a new Code Section 33-34-16 to read as follows: 33-34-16. The provisions of paragraph (1) of subsection (f) of Code Section 33-34-10, of Code Section 33-34-12, and of Code Section 33-34-14 shall not be applicable to persons who are not domiciled in this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1989.

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EDUCATIONTEACHERS; ASSESSMENT OF ON-THE-JOB PERFORMANCE; EXEMPTION. Code Section 20-2-200 Amended. No. 704 (House Bill No. 375). AN ACT To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification; provided, however, any applicant seeking certification in this state who qualifies for a professional teaching certificate at the baccalaureate degree level or higher and who has held a professional teaching certificate in and who has satisfactorily taught on a full-time basis in the regionally accredited public or private schools of this state or another state for at least five years shall be exempt from the requirement of an assessment to demonstrate satisfactory on-the-job performance as required in this subsection. Any teacher who qualifies for the exemption granted under this paragraph shall receive a nonrenewable certificate valid for a maximum of three years until such

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time as said teacher has twice demonstrated satisfactory performance on the evaluation required pursuant to Code Section 20-2-210, at which time said teacher will be eligible to receive a renewable certificate. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210. 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 24, 1989.

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APPELLATE COURTS SUPREME COURT OF GEORGIA As of February 15, 1989 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. ABBOTT Assistant Reporter COURT OF APPEALS OF GEORGIA As of February 15, 1989 GEORGE H. CARLEY Chief Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge HAROLD R. BANKE Presiding Judge BRASWELL D. DEEN, JR. Presiding Judge A.W. BIRDSONG, JR. 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. ABBOTT Assistant Reporter SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of February 15, 1989 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 BOB ELLIS, D.A., P.O. Box 125, Nashville, Gal 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

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ALCOVY CIRCUIT HONS. GREELEY ELLIS, Chief Judge, P.O. Box 1146, Covington, Ga. 30209 MARVIN W. SORRELLS, Judge, P.O. Box 805, Monroe, Ga. 30655 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 ELIZABETH GLAZEBROOK, Judge, P.O. Box 545, Jasper, Ga. 30143 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. RALPH H. HICKS, Chief Judge, Fulton County Courthouse, Atlanta, Ga. 30303 LUTHER ALVERSON, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 JOEL L. FRYER, 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 ED JOHNSON, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 LEAH SEARS-COLLINS, 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, 320 City-County Building, Augusta, Ga. 30911 JOHN H. RUFFIN, JR., Judge, 320 City-County Building, Augusta, Ga. 30911

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MICHAEL C. EUBANKS, 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 BLUE RIDGE CIRCUIT HONS. FRANK C. MILLS, III, Chief Judge, 2302 Courthouse, Suite 20, Canton, Ga. 30114 RICHARD S. (STAN) GAULT, Judge, Forsyth County Courthouse, Cumming, Ga. 30130 GARRY MOSS, D.A., P.O. Box 428, Canton, Ga. 30114 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. E. MULLINS WHISNANT, Presiding Judge, P.O. Box 1340, Columbus, Ga. 31993 WILLIAM J. (BILL) SMITH, 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 DOUGLAS C. PULLEN, 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

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CLAYTON CIRCUIT HONS. JOE C. CRUMBLEY, Chief Judge, 309 Clayton County Courthouse, Annex 2, Jonesboro, Ga. 30236 WILLIAM H. BILL ISON, Judge, 315 Clayton County Courthouse, Annex 2, Jonesboro, Ga. 30236 STEPHEN E. BOSWELL, Judge, 209 Clayton County Courthouse, Annex 2, Jonesboro, Ga. 30236 KENNETH KILPATRICK, Judge, 215 Clayton County Courthouse, Annex 2, Jonesboro, Ga. 30236 ROBERT E. KELLER, D.A., 200 Clayton County Courthouse Annex, Jonesboro, Ga. 30236 ClaytonFirst Monday in February, May, August and November 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., P.O. Box 5510, 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. Drawer Z, LaGrange, Ga. 30241 CarrollSecond Monday in January; first Monday in April and October; third Monday in June CowetaFirst Monday in March; first Tuesday in September

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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 BRITT PRIDDY, D.A., P.O. Box 1827, Albany, Ga. 31703 DoughertySecond Monday in January, March, May, July, September and November 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., 205 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 RALPH WALKE, D.A., P.O. Box 2029, 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, 212 Chatham County Courthouse, Savannah, Ga. 31499 EUGENE H. GADSDEN, Judge, 203 Chatham County Courthouse, Savannah, Ga. 31499 PERRY BRANNEN, JR., Judge, 204 Chatham County Courthouse, Savannah, Ga. 31499 JAMES HEAD, Judge, 209 Chatham County Courthouse, Savannah, Ga. 31499 SPENCER LAWTON, JR., D.A., P.O. Box 2309, Savannah, Ga. 31402 ChathamFirst Monday in March, June, September and December FLINT CIRCUIT HONS. WILLIAM H. CRAIG, Chief Judge, Henry County Courthouse, McDonough, Ga. 30253 E. BYRON SMITH, Judge, Lamar County Courthouse, Barnesville, Ga. 30204 TOMMY FLOYD, D.A., Henry County Courthouse, McDonough, Ga. 30253 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

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PASCHAL A. ENGLISH, JR., Judge, Fayette County Government Annex, Fayetteville, Ga. 30214 FLETCHER SAMS, D.A., P.O. Box 1498, Fayetteville, Ga. 30214 FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June and October UpsonThird Monday in March and August; first Monday in November GWINNETT CIRCUIT HONS. 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, Gwinnett Justice and Administration Center, Lawrenceville, Ga. 30245 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, 300 Houston County Courthouse, Perry, Ga. 31069 GEORGE FRANCIS NUNN, JR., Judge, 300 Houston County Courthouse, Perry, Ga. 31069 EDWARD D. LUKEMIRE, D.A., 1009 Jernigan St., Perry, Ga. 31069 HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. 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 RALPH VAN PELT, 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. McMILLIAN, 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

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EmanuelSecond Monday in January, April, July and October JeffersonSecond Monday in May and November ToombsFourth Monday in February, May, August and November WashingtonFirst Monday in March, June, September and December MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, 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. Drawer 1050, Milledgeville, Ga. 31061 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 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 1027, Eastman, Ga. 31023

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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. 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; first Tuesday and third Monday in September ROCKDALE CIRCUIT HONS. CLARENCE VAUGHN, Judge, P.O. Box 289, Conyers, Ga. 30207 ROBERT F. MUMFORD, D.A., 212 Rockdale County Courthouse, Conyers, Ga. 30207 RockdaleFirst Monday in January, April, July and October ROME CIRCUIT HONS. ROBERT G. WALTHER, Presiding Judge, Floyd County Courthouse, Rome, Ga. 30161 WALTER J. MATTHEWS, Judge, Floyd County Courthouse, Rome, Ga. 30161 LARRY SALMON, Judge, Floyd County Courthouse, Rome, Ga. 30161 STEVE LANIER, D.A., 12 East Fourth Avenue, Rome, Ga. 30161 FloydSecond Monday in January, March, July and September; first Monday in May and November

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SOUTH GEORGIA CIRCUIT HONS. A. WALLACE CATO, Chief Judge, P.O. box 65, Bainbridge, Ga. 31717 WILLARD H. CHASON, Judge, P.O. Box 729, 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. GEORGE A. HORKAN, JR., Chief Judge, P.O. Box 682, Moultrie, Ga. 31776 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, 306 DeKalb County Courthouse, Decatur, Ga. 30030 HILTON, FULLER, Judge, 403 DeKalb County Courthouse, Decatur, Ga. 30030 JAMES H. (JIM) WEEKS, Judge, 304 DeKalb County Courthouse, Decatur, Ga. 30030 DAN COURSEY, Judge, 303 DeKalb County Courthouse, Decatur, Ga. 30030 CAROL W. HUNSTEIN, Judge, 504 DeKalb County Courthouse, Decatur, Ga. 30030 ROBERT JOSEPH CASTELLANI, Judge, 402 DeKalb County Courthouse, Decatur, Ga. 30030 CLARENCE F. CHUCK SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, Ga. 30030 JOHATHAN C. PETERS, Judge, 900 DeKalb County Courthouse, Decatur, Ga. 30030 ROBERT P. MALLIS, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 BOB WILSON, D.A., 7th Floor, DeKalb County Courthouse, Decatur, Ga. 30030 DeKalbFirst Monday in January, March, May, July, September and November

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TALLAPOOSA CIRCUIT HONS. ARTHUR W. FUDGER, Chief Judge, P.O. Box 186, Buchanan, Ga. 30113 F. MARION CUMMINGS, Judge, 106 Polk County Courthouse, Cedartown, Ga. 30125 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 BaconThird Monday in April; second Monday in October BrantleyFourth Monday in January; second Monday in September CharltonFourth Monday in February and September CoffeeThird Monday in March and October PierceFirst Monday in May and December WareFirst Monday in April; second Monday in 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

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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION No amendments were proposed in 1989 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-5-1; enacted 47 Code Section 2-1-4; amended 14 Code Section 2-2-11; enacted 390 Code Section 2-3-5; amended 1641 Code Section 2-6-28; amended 1317 Code Section 2-7-170; amended 502 Code Title 2, Chapter 8; revised 1420 Code Title 2, Chapter 12, Article 1; revised 473 Code Sections 2-12-1 through 2-12-21; revised 473 Code Sections 2-15-1 through 2-15-4; enacted 284 Code Section 3-3-7; amended 1487 Code Section 3-3-23; amended 1227 Code Section 3-4-27; enacted 881 Code Sections 4-4-40 through 4-4-47; revised 1414 Code Section 4-4-48; enacted 1414 Code Section 4-8-21; amended 159 Code Section 4-8-23; amended 159 Code Section 4-8-25; amended 159 Code Section 4-8-25; amended 1552 Code Section 4-8-29; amended 159 Code Section 4-8-30; enacted 159 Code Section 6-2-5.1; enacted 276 Code Section 7-1-34; amended 1211 Code Section 7-1-35; amended 1211 Code Section 7-1-36; amended 1211 Code Section 7-1-61; amended 1249 Code Section 7-1-70; amended 1211 Code Section 7-1-99; amended 14 Code Section 7-1-115; amended 14 Code Section 7-1-131; amended 1257 Code Section 7-1-243; amended 1257 Code Section 7-1-260; amended 946 Code Section 7-1-260; amended 1257 Code Section 7-1-261; amended 1249 Code Section 7-1-262; amended 1249 Code Section 7-1-286; amended 1249 Code Section 7-1-287; amended 1249 Code Section 7-1-288; amended 1249 Code Section 7-1-290; amended 1211 Code Section 7-1-310; amended 1257 Code Section 7-1-314; amended 1249 Code Section 7-1-359; enacted 1211

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Code Section 7-1-360; enacted 1211 Code Section 7-1-392; amended 1257 Code Section 7-1-394; amended 1211 Code Section 7-1-394; amended 1257 Code Section 7-1-395; amended 1257 Code Section 7-1-410; amended 1211 Code Section 7-1-485; amended 1211 Code Section 7-1-487; amended 1211 Code Section 7-1-510; amended 1257 Code Section 7-1-512; amended 1257 Code Section 7-1-513; amended 1257 Code Section 7-1-514; amended 1257 Code Section 7-1-532; amended 1257 Code Section 7-1-533; amended 1257 Code Section 7-1-534; amended 1257 Code Section 7-1-537; amended 946 Code Section 7-1-537; amended 1257 Code Section 7-1-551; amended 1257 Code Section 7-1-553; amended 1257 Code Section 7-1-572; amended 946 Code Section 7-1-572; amended 1257 Code Section 7-1-630; amended 1257 Code Section 7-1-631; amended 1211 Code Section 7-1-632; amended 1257 Code Section 7-1-634; amended 1257 Code Section 7-1-635; amended 1257 Code Section 7-1-635.1; amended 1257 Code Section 7-1-650; amended 1211 Code Section 7-1-655; amended 1211 Code Section 7-1-656; amended 1211 Code Section 7-1-710; amended 1211 Code Section 7-1-712; amended 946 Code Section 7-1-712; amended 1257 Code Section 7-1-742; amended 1257 Code Section 7-1-744; amended 946 Code Section 7-1-744; amended 1257 Code Section 7-1-745; amended 1641 Code Section 7-1-746; amended 14 Code Section 7-1-749; amended 946 Code Section 7-1-773; repealed 1257 Code Section 7-1-774; repealed 1257 Code Section 7-1-775; amended 1257 Code Section 7-1-776; amended 1257 Code Section 7-1-840; amended 1211 Code Section 7-1-842; amended 1249 Code Section 7-1-845; amended 1257 Code Section 7-1-862; amended 1257 Code Section 7-1-911; amended 1211 Code Section 7-1-912; amended 1211 Code Section 7-1-914; amended 1211

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Code Section 7-1-915; amended 1211 Code Section 7-1-916; enacted 1211 Code Section 7-1-942; amended 1257 Code Section 7-1-944; amended 946 Code Section 7-1-944; amended 1257 Code Section 7-1-945; amended 1641 Code Section 7-1-947; amended 14 Code Section 7-1-949; amended 946 Code Section 7-2-3; amended 1690 Code Section 7-2-7; amended 1690 Code Section 7-2-8; amended 1690 Code Section 7-3-3; amended 14 Code Section 7-3-4; amended 14 Code Section 7-3-7; amended 14 Code Section 7-3-8; amended 14 Code Section 7-3-9; amended 14 Code Section 7-3-10; amended 14 Code Section 7-3-11; amended 14 Code Section 7-3-12; amended 14 Code Section 7-3-14; amended 14 Code Section 7-3-20; amended 14 Code Section 7-3-22; amended 14 Code Section 7-3-23; amended 14 Code Section 7-3-24; amended 14 Code Section 7-3-25; amended 14 Code Section 7-3-26; amended 14 Code Section 7-3-27; amended 14 Code Section 7-3-29; amended 14 Code Section 7-4-12; amended 14 Code Section 7-4-19; amended 14 Code Section 8-2-20; amended 1659 Code Section 8-2-21; amended 1659 Code Section 8-2-22; amended 1659 Code Section 8-2-23; amended 1659 Code Section 8-2-24; amended 14 Code Section 8-2-24; amended 1659 Code Section 8-2-24.1; enacted 1659 Code Section 8-2-25; amended 1659 Code Section 8-2-26; amended 1659 Code Section 8-2-27; amended 14 Code Section 8-2-28; amended 1659 Code Section 8-2-31; amended 1659 Code Section 8-2-109; amended 443 Code Section 8-2-113; amended 1317 Code Section 8-2-131; amended 14 Code Section 8-2-35; amended 14 Code Section 8-3-50; amended 1241 Code Section 8-3-51; amended 14 Code Section 8-3-81; amended 14 Code Section 8-3-171; amended 792

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Code Section 8-3-172; amended 792 Code Section 8-3-176; amended 14 Code Section 8-3-176; amended 792 Code Section 8-3-177; amended 14 Code Section 8-3-180; amended 792 Code Section 8-3-199.1; amended 792 Code Section 8-3-202; amended 14 Code Section 8-3-209; amended 14 Code Section 9-2-61; amended 419 Code Section 9-3-97.1; enacted 419 Code Section 9-11-4; amended 364 Code Section 9-11-9.1; amended 419 Code Section 9-11-23; amended 946 Code Section 9-11-47; amended 243 Code Section 9-13-142; amended 1248 Code Section 9-13-143; amended 325 Code Section 9-15-14; amended 437 Code Section 10-1-392; amended 560 Code Section 10-1-393; amended 14 Code Section 10-1-393; amended 560 Code Section 10-1-393; amended 1606 Code Section 10-1-393.2; enacted 1606 Code Section 10-1-410; amended 218 Code Section 10-1-490; amended 14 Code Section 10-1-492; amended 14 Code Section 10-1-492; amended 931 Code Section 10-1-730 through 10-1-740; enacted 1771 Code Section 10-1-740; enacted 569 Code Section 10-4-5; amended 14 Code Section 10-4-6; amended 14 Code Section 10-4-25; amended 14 Code Section 10-4-103; amended 14 Code Section 10-4-143; amended 14 Code Section 10-5-5; amended 14 Code Section 10-5-6; amended 14 Code Section 10-5-14; amended 14 Code Section 10-5A-1; amended 14 Code Section 10-5A-24; amended 14 Code Section 10-9-3; amended 14 Code Section 10-9-3; amended 1195 Code Section 10-9-4; amended 14 Code Section 10-9-4; amended 1195 Code Section 10-9-4; amended 1641 Code Section 10-9-5; amended 1641 Code Section 10-9-10; amended 1195 Code Section 10-9-12; amended 1641 Code Section 10-9-14; amended 1195 Code Section 10-9-16.1; amended 14 Code Section 10-9-45; amended 1195 Code Section 10-9-49; amended 1195

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Code Section 10-9-50; amended 1195 Code Section 10-9-51; amended 1195 Code Section 10-9-53; amended 1195 Code Section 10-9-61; enacted 1195 Code Title 10, Chapter 10; enacted 1674 Code Section 11-3-508; amended 807 Code Section 12-2-4; amended 1641 Code Section 12-2-8; enacted 1317 Code Section 12-3-3; amended 274 Code Section 12-3-9.1; enacted 517 Code Section 12-3-50.2; enacted 1598 Code Section 12-3-114; amended 1317 Code Section 12-4-51; amended 14 Code Section 12-5-27.1; enacted 319 Code Section 12-5-30.1; enacted 280 Code Section 12-5-281; amended 574 Code Section 12-5-282; amended 574 Code Section 12-5-285.1; enacted 574 Code Section 12-5-292; amended 574 Code Section 12-5-331; amended 1641 Code Section 12-5-441; amended 1317 Code Section 12-5-443; amended 1317 Code Section 12-5-444; amended 1317 Code Section 12-5-445; amended 1317 Code Section 12-5-447; amended 1317 Code Section 12-5-448; amended 1317 Code Section 12-5-451; amended 1317 Code Section 12-5-452; amended 1317 Code Section 12-5-453; amended 1317 Code Section 12-5-456; amended 1317 Code Section 12-5-470 through 12-5-482; enacted 1304 Code Section 12-6-49; amended 352 Code Section 12-6-56; amended 352 Code Section 12-6-200 through 12-6-207; enacted 386 Code Section 12-7-3; amended 1295 Code Section 12-7-5; amended 1295 Code Section 12-7-6; amended 1295 Code Section 12-7-7; amended 1295 Code Section 12-7-8; amended 1295 Code Section 12-7-9; amended 1295 Code Section 12-7-11; amended 1295 Code Section 12-7-15; amended 1295 Code Section 12-7-17; amended 1295 Code Section 12-8-22; amended 144 Code Section 12-8-23; amended 144 Code Section 12-8-23.1; amended 144 Code Section 12-8-27; amended 144 Code Section 12-8-27.1; enacted 144 Code Section 12-8-28.1; amended 513 Code Section 12-8-28.3; enacted 144

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Code Section 12-8-28.4; enacted 144 Code Section 12-8-45; amended 144 Code Section 12-8-66; amended 240 Code Section 12-8-102; amended 1641 Code Section 12-13-2; amended 14 Code Section 12-13-3; amended 14 Code Section 12-13-3; amended 256 Code Section 12-13-4; amended 14 Code Section 12-13-9; amended 14 Code Section 12-13-10; amended 256 Code Section 12-13-11; amended 256 Code Section 12-13-13; amended 14 Code Section 12-13-16; amended 14 Code Section 13-8-2; amended 14 Code Section 13-8-15; amended 14 Code Section 13-8-16; amended 14 Code Section 13-8-17; amended 14 Code Section 13-8-19; amended 14 Code Section 13-8-22; amended 14 Code Section 13-8-23; amended 14 Code Section 13-8-35; amended 14 Code Section 13-8-36; amended 14 Code Section 13-8-39; amended 14 Code Section 13-8-43; amended 14 Code Section 13-10-1; amended 278 Code Section 13-10-1; amended 461 Code Section 13-10-1; amended 1794 Code Section 14-2-86; amended 43 Code Section 14-2-103; enacted 946 Code Section 14-2-120; amended 946 Code Section 14-2-122; amended 946 Code Section 14-2-124; amended 946 Code Section 14-2-140; amended 946 Code Section 14-2-141; amended 946 Code Section 14-2-150; amended 946 Code Section 14-2-151; enacted 946 Code Section 14-2-201.1; amended 946 Code Section 14-2-202; amended 946 Code Section 14-2-302; amended 946 Code Section 14-2-401; amended 946 Code Section 14-2-402; amended 946 Code Section 14-2-601; amended 946 Code Section 14-2-602; amended 946 Code Section 14-2-624; amended 946 Code Section 14-2-625; amended 946 Code Section 14-2-627; amended 946 Code Section 14-2-630; amended 946 Code Section 14-2-631; amended 946 Code Section 14-2-702; amended 946 Code Section 14-2-703; amended 946

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Code Section 14-2-704; amended 946 Code Section 14-2-721; amended 946 Code Section 14-2-725; amended 946 Code Section 14-2-729; enacted 946 Code Section 14-2-730; amended 946 Code Section 14-2-731; amended 946 Code Section 14-2-741; amended 946 Code Section 14-2-743; amended 946 Code Section 14-2-803; amended 946 Code Section 14-2-810; amended 946 Code Section 14-2-831; enacted 946 Code Section 14-2-831; redesignated as Code Section 14-2-832 946 Code Section 14-2-832; redesignation of Code Section 14-2-831 946 Code Section 14-2-854; amended 946 Code Section 14-2-856; amended 946 Code Section 14-2-857; amended 946 Code Section 14-2-860; amended 946 Code Section 14-2-861; amended 946 Code Section 14-2-864; enacted 946 Code Section 14-2-912; amended 946 Code Section 14-2-915; amended 946 Code Section 14-2-917; amended 946 Code Section 14-2-921; amended 946 Code Section 14-2-922; amended 946 Code Section 14-2-933; amended 946 Code Section 14-2-1004; amended 946 Code Section 14-2-1021; amended 946 Code Section 14-2-1103; amended 946 Code Section 14-2-1105; amended 946 Code Section 14-2-1109; amended 946 Code Section 14-2-1110; amended 946 Code Title 14, Chapter 2, Article 11A; redesignated as Part 3 of Article 11 946 Code Section 14-2-1131; amended 946 Code Section 14-2-1132; amended 946 Code Section 14-2-1133; amended 946 Code Section 14-2-1201; amended 946 Code Section 14-2-1302; amended 946 Code Section 14-2-1325; amended 946 Code Section 14-2-1327; amended 946 Code Section 14-2-1330; amended 946 Code Section 14-2-1404; amended 946 Code Section 14-2-1408; amended 946 Code Section 14-2-1409; amended 946 Code Section 14-2-1420; amended 946 Code Section 14-2-1430; amended 946 Code Section 14-3-3.1; enacted 1027 Code Section 14-3-4; amended 946 Code Section 14-3-5; amended 946 Code Section 14-3-6; amended 1027 Code Section 14-3-6.1; enacted 1027

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Code Section 14-3-7; amended 1027 Code Section 14-3-22; amended 946 Code Section 14-3-40; amended 1027 Code Section 14-3-41; amended 946 Code Section 14-3-60; amended 946 Code Section 14-3-61; amended 946 Code Section 14-3-61.1; enacted 1027 Code Section 14-3-62; amended 946 Code Section 14-3-63; amended 946 Code Section 14-3-83; amended 946 Code Section 14-3-106; amended 946 Code Section 14-3-107; amended 946 Code Section 14-3-110; amended 946 Code Section 14-3-130; amended 1027 Code Section 14-3-132; amended 946 Code Section 14-3-133; amended 946 Code Section 14-3-136; amended 946 Code Section 14-3-153; amended 1027 Code Section 14-3-154; amended 946 Code Section 14-3-155; amended 946 Code Section 14-3-173; amended 946 Code Section 14-3-174; amended 946 Code Section 14-3-211; amended 946 Code Section 14-3-217; amended 946 Code Section 14-3-218; amended 946 Code Section 14-3-222; amended 946 Code Section 14-3-225; amended 946 Code Section 14-3-228; amended 946 Code Section 14-3-229; amended 946 Code Section 14-3-230; enacted 1027 Code Section 14-3-242; amended 1027 Code Section 14-3-244; amended 1027 Code Section 14-3-246; amended 1027 Code Section 14-3-247; amended 1027 Code Section 14-3-248; amended 1027 Code Section 14-3-248.1; enacted 1027 Code Section 14-3-249; amended 1027 Code Section 14-3-252; amended 1027 Code Section 14-3-253; amended 1027 Code Section 14-3-255; amended 1027 Code Section 14-3-255.1; enacted 1027 Code Section 14-3-256; amended 1027 Code Section 14-3-257; repealed 1027 Code Section 14-3-258; amended 946 Code Section 14-3-260; amended 1027 Code Section 14-3-270; amended 1027 Code Section 14-3-271; repealed 1027 Code Section 14-3-291; amended 1027 Code Section 14-3-292; repealed 946 Code Section 14-3-310; amended 1027

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Code Section 14-3-313; amended 1027 Code Section 14-3-330; amended 1027 Code Section 14-3-332; enacted 1027 Code Section 14-4-140; amended 946 Code Section 14-4-141; amended 946 Code Section 14-4-142; amended 946 Code Section 14-4-160; amended 1027 Code Section 14-4-180; amended 1027 Code Section 14-4-181; repealed 1027 Code Section 14-4-182; repealed 1027 Code Section 14-4-183; amended 1027 Code Section 14-5-11; enacted 1027 Code Section 14-7-5; amended 946 Code Section 14-7-6; amended 946 Code Section 14-8-10.1; amended 927 Code Section 14-8-38; amended 927 Code Section 14-8-38.1; enacted 927 Code Section 14-8-38.2; enacted 927 Code Section 14-9-102; amended 931 Code Section 14-9-103; amended 931 Code Section 14-9-104; amended 931 Code Section 14-9-204; amended 931 Code Section 14-9-206.1; amended 931 Code Section 14-9-206.5; amended 931 Code Section 14-9-206.6; repealed 931 Code Section 14-9-302; amended 931 Code Section 14-9-305; amended 931 Code Section 14-9-405; amended 931 Code Section 14-9-601; amended 931 Code Section 14-9-602; amended 931 Code Section 14-9-801; amended 931 Code Section 14-9-803; amended 931 Code Section 14-9-902.1; amended 931 Code Section 14-9-1101; amended 931 Code Section 14-10-13; repealed 1027 Code Section 15-1-9.2; enacted 832 Code Section 15-6-2; amended 180 Code Section 15-6-2; amended 188 Code Section 15-6-2; amended 196 Code Section 15-6-2; amended 200 Code Section 15-6-2; amended 203 Code Section 15-6-2; amended 205 Code Section 15-6-3; amended 283 Code Section 15-6-25; amended 54 Code Section 15-6-50; amended 1091 Code Section 15-6-61; amended 395 Code Section 15-6-65; amended 395 Code Section 15-6-66; amended 395 Code Section 15-6-68; amended 395 Code Section 15-6-77; amended 14

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Code Section 15-6-77; amended 395 Code Section 15-6-77; amended 498 Code Section 15-6-77; amended 931 Code Section 15-6-77; amended 946 Code Section 15-6-87; amended 395 Code Section 15-6-90; amended 801 Code Section 15-9-2; amended 1091 Code Section 15-9-11.1; amended 361 Code Section 15-9-15; amended 1247 Code Section 15-9-16; enacted 593 Code Section 15-9-65; amended 801 Code Section 15-9-102; amended 245 Code Section 15-9-104; amended 245 Code Section 15-9-127; amended 917 Code Section 15-10-2; amended 320 Code Section 15-10-2; amended 338 Code Section 15-10-23; amended 426 Code Section 15-11-18.1; enacted 838 Code Section 15-11-20; amended 1716 Code Section 15-11-28; amended 824 Code Section 15-11-37; amended 46 Code Section 15-12-7; amended 242 Code Section 15-12-40; amended 427 Code Section 15-12-42; amended 427 Code Section 15-12-81; amended 310 Code Section 15-16-1; amended 1091 Code Section 15-16-20; amended 801 Code Section 15-21-90 through 15-21-95; enacted 1753 Code Section 16-5-72; enacted 1605 Code Section 16-9-20; amended 1570 Code Section 16-9-21; enacted 1570 Code Section 16-9-55; amended 1242 Code Section 16-9-60; amended 13 Code Section 16-9-92; amended 14 Code Section 16-10-25; amended 224 Code Section 16-10-51; amended 14 Code Section 16-10-51; amended 623 Code Section 16-10-52; amended 329 Code Section 16-10-97; amended 14 Code Section 16-11-33; amended 14 Code Section 16-11-108; enacted 292 Code Section 16-11-109; enacted 292 Code Section 16-11-110; enacted 292 Code Section 16-11-131; amended 14 Code Section 16-12-160; amended 456 Code Section 16-12-170; amended 14 Code Section 16-13-4; amended 14 Code Section 16-13-25; amended 233 Code Section 16-13-26; amended 233 Code Section 16-13-27; amended 233 Code Section 16-12-170; amended 14 Code Section 16-13-4; amended 14 Code Section 16-13-25; amended 233 Code Section 16-13-26; amended 233 Code Section 16-13-27; amended 233

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Code Section 16-13-28; amended 233 Code Section 16-13-29; amended 233 Code Section 16-13-29.1; amended 233 Code Section 16-13-31; amended 1594 Code Section 16-13-71; amended 233 Code Section 16-13-71.1; enacted 238 Code Section 16-13-73; amended 14 Code Section 16-13-79; amended 238 Code Section 16-14-3; amended 14 Code Section 16-14-15; amended 946 Code Section 17-5-32; amended 1687 Code Section 17-6-1; amended 1714 Code Section 17-6-2; amended 448 Code Section 17-6-71; amended 556 Code Section 17-6-72; amended 556 Code Section 17-7-90; amended 623 Code Section 17-7-91; amended 223 Code Section 17-7-131; amended 14 Code Section 17-8-3; amended 585 Code Section 17-10-9.1; enacted 607 Code Section 17-10-31; amended Vetoed SB 25 Code Section 19-3-35; amended 605 Code Section 19-3-45; amended 605 Code Section 19-6-15; amended 861 Code Section 19-6-30; amended 861 Code Section 19-6-31; enacted 861 Code Section 19-6-32; enacted 861 Code Section 19-6-33; enacted 861 Code Section 19-7-22; amended 441 Code Section 19-10-1; amended 381 Code Section 19-11-12; amended 861 Code Section 19-11-15; amended 861 Code Section 19-11-20; amended 861 Code Section 19-11-23; amended 861 Code Section 19-11-65; amended 380 Code Section 19-11-80; amended 380 Code Section 19-13-22; amended 1108 Code Section 20-2-5.1; enacted 678 Code Section 20-2-51; amended 425 Code Section 20-2-55; amended 685 Code Section 20-2-102; amended 1091 Code Section 20-2-133; amended 1693 Code Section 20-2-162; amended 687 Code Section 20-2-167; amended 690 Code Section 20-2-188; amended 326 Code Section 20-2-200; amended 1806 Code Section 20-2-292; amended 1228 Code Section 20-2-293; amended 925 Code Section 20-2-330; repealed 808 Code Section 20-2-331; repealed 808

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Code Section 20-2-332; repealed 808 Code Section 20-2-333; repealed 808 Code Section 20-2-334; amended 808 Code Section 20-2-697; amended 808 Code Section 20-2-757; amended 836 Code Section 20-2-850; amended 56 Code Section 20-2-850; amended 61 Code Section 20-2-853; amended 14 Code Section 20-2-880; amended 1143 Code Section 20-2-885; amended 1143 Code Section 20-2-897; enacted 1143 Code Section 20-2-910; amended 1146 Code Section 20-2-915; amended 1146 Code Section 20-2-925; enacted 1146 Code Section 20-2-1110; amended 592 Code Section 20-2-1131; enacted 516 Code Section 20-2-1182; enacted 1394 Code Section 20-2-1183; enacted 1394 Code Section 20-3-234; amended 663 Code Section 20-3-391; amended 879 Code Section 20-4-10; amended 1096 Code Section 20-4-62; amended 634 Code Section 20-4-63; amended 634 Code Section 20-4-66; amended 634 Code Section 20-4-67; amended 634 Code Section 20-4-68; amended 634 Code Section 20-4-69; amended 634 Code Section 20-4-70; amended 634 Code Section 20-4-71; amended 634 Code Section 20-4-72; amended 634 Code Section 20-4-73; amended 634 Code Section 20-4-75; amended 634 Code Section 20-4-79; amended 634 Code Section 20-5-2; amended 1129 Code Section 21-1-2; amended 10 Code Section 21-2-2; amended 10 Code Section 21-2-5; amended 900 Code Section 21-2-6; amended 900 Code Section 21-2-131; amended 10 Code Section 21-2-131; amended 643 Code Section 21-2-132; amended Vetoed HB 351 Code Section 21-2-133; amended 682 Code Section 21-2-134; amended 643 Code Section 21-2-150; amended 643 Code Section 21-2-153; amended 643 Code Section 21-2-153; amended 903 Code Section 21-2-153; amended Vetoed HB 351 Code Section 21-2-154; amended 643 Code Section 21-2-154; amended 903 Code Section 21-2-154; amended 1091

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Code Section 21-2-170; amended Vetoed HB 351 Code Section 21-2-172; amended 643 Code Section 21-2-182; amended Vetoed HB 351 Code Section 21-2-183; amended Vetoed HB 351 Code Section 21-2-187; amended 643 Code Section 21-2-211; amended 659 Code Section 21-2-212; amended 10 Code Section 21-2-213; amended 661 Code Section 21-2-217; amended 662 Code Section 21-2-217; amended 849 Code Section 21-2-240; amended 10 Code Section 21-2-240; amended 1082 Code Section 21-2-325; amended 10 Code Section 21-2-380; amended 1084 Code Section 21-2-381; amended 849 Code Section 21-2-381; amended 1742 Code Section 21-2-384; amended 643 Code Section 21-2-385; amended 1742 Code Section 21-2-409; amended 911 Code Section 21-2-409.1; enacted 1084 Code Section 21-2-414; amended 1084 Code Section 21-2-471; amended 842 Code Section 21-2-473; amended 842 Code Section 21-2-524; amended 1748 Code Section 21-2-568; amended 1090 Code Section 21-2-579; amended 911 Code Section 21-3-2; amended 10 Code Section 21-3-3; amended 900 Code Section 21-3-64; amended 44 Code Section 21-3-105; amended 682 Code Section 21-3-120; amended 659 Code Section 21-3-140; amended 1082 Code Section 21-3-280; amended 1084 Code Section 21-3-283; amended 10 Code Section 21-3-283; amended 1742 Code Section 21-3-285; amended 1742 Code Section 21-3-318; amended 911 Code Section 21-3-318.1; enacted 1084 Code Section 21-3-321; amended 1084 Code Section 21-3-382; amended 842 Code Section 21-3-383; amended 842 Code Section 21-3-405; amended 787 Code Section 21-3-459; amended 911

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Code Section 22-4-2; amended 213 Code Section 22-4-4; amended 213 Code Section 22-4-5; amended 213 Code Section 22-4-6; amended 213 Code Section 22-4-7; amended 213 Code Section 22-4-8; amended 213 Code Section 22-4-9; amended 213 Code Section 22-4-10; amended 213 Code Section 22-4-15; enacted 213 Code Section 24-2-3; amended 272 Code Section 24-3-17; amended 1080 Code Section 24-9-5; amended 1639 Code Section 24-9-47; amended 14 Code Section 24-10-27; amended 332 Code Section 25-2-13; amended 815 Code Section 25-2-13; amended 918 Code Section 25-2-13; amended 1795 Code Section 25-2-14.1; amended 815 Code Section 25-2-22.1; enacted 815 Code Section 25-3-2; amended 271 Code Section 25-9-13; amended 495 Code Section 25-11-2; amended 1124 Code Section 25-11-4; amended 1124 Code Section 25-11-10; amended 1124 Code Section 26-2-29; amended 260 Code Section 26-2-112; amended 335 Code Section 26-4-4; amended 261 Code Section 26-4-120.1; enacted 509 Code Section 27-1-2; amended 1207 Code Section 27-1-2; amended 1579 Code Section 27-1-6; amended 506 Code Section 27-1-33; amended 1552 Code Section 27-2-6; amended 506 Code Section 27-2-21; amended 231 Code Section 27-2-23; amended 506 Code Section 27-3-4; amended 1552 Code Section 27-3-9; amended 469 Code Section 27-3-15; amended 253 Code Section 27-3-15; amended 1552 Code Section 27-4-10; amended 1552 Code Section 27-4-11; amended 1552 Code Section 27-4-11.1; amended 1552 Code Section 27-4-52; amended 1552 Code Section 27-4-75; amended 1207 Code Section 27-4-75; amended 1579 Code Section 27-4-76; amended 1207 Code Section 27-4-76; amended 1579 Code Section 27-4-78; enacted 1207 Code Section 27-4-78; enacted 1579 Code Section 27-4-92; amended 253

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Code Section 27-4-92; amended 1552 Code Section 27-4-130.1; enacted 1406 Code Section 27-4-230; repealed 1552 Code Section 27-4-232; repealed 1552 Code Section 27-4-233; repealed 1552 Code Section 27-4-234; amended 1552 Code Section 27-5-4; amended 1552 Code Section 27-45-231; repealed 1552 Code Section 29-2-70; amended 1155 Code Section 29-4-2; amended 1155 Code Section 29-4-17; amended 1155 Code Section 29-5-6; amended 571 Code Section 30-1-5; enacted 1636 Code Section 31-1-3.1; amended 14 Code Section 31-3-7; amended 312 Code Section 31-6-2; amended 1566 Code Section 31-6-2; amended 1685 Code Section 31-6-43; amended 1317 Code Section 31-6-47; amended 393 Code Section 31-7-1; amended 1566 Code Section 31-7-75.2; enacted 553 Code Section 31-9-6.1; amended 178 Code Section 31-11-2; amended 1782 Code Section 31-11-54; amended 1782 Code Section 31-11-60.1; enacted 1782 Code Section 31-12-6; amended 369 Code Section 31-21-4; enacted 813 Code Section 31-21-44; amended 360 Code Section 31-22-9.1; amended 14 Code Title 31, Chapter 31; revised Vetoed HB 15 Code Section 31-31-7; amended 840 Code Section 31-32-3; amended 1182 Code Section 31-32-4; amended 1182 Code Sections 31-34-1 through 31-34-9; enacted 1234 Code Sections 31-34-1 through 31-34-3; enacted 1780 Code Section 32-2-61; amended 356 Code Section 32-4-22; enacted 221 Code Section 32-4-63; amended 356 Code Section 32-4-113; amended 356 Code Section 32-6-24; amended 693 Code Section 32-6-24; amended 1569 Code Section 32-6-24; amended Vetoed HB 464 Code Section 32-6-24; amended Vetoed HB 473 Code Section 32-6-26; amended 693 Code Section 32-6-111; amended 163 Code Section 32-9-1; amended 1317 Code Section 32-10-69; amended 14 Code Section 32-10-91; amended 489 Code Section 33-1-2; amended 1119 Code Section 33-1-15; enacted 328

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Code Section 33-2-8.1; enacted 885 Code Section 33-2-11; amended 562 Code Section 33-2-33; enacted 633 Code Section 33-3-21.2; enacted 674 Code Section 33-3-23; amended 14 Code Section 33-3-28; enacted 676 Code Section 33-3-28; enacted 1127 Code Section 33-5-25; amended 672 Code Section 33-6-4; amended 888 Code Section 33-6-4; amended 1276 Code Section 33-6-5; amended 1396 Code Section 33-7-6; amended 680 Code Section 33-8-8.3; amended 1151 Code Section 33-11-34; amended 1120 Code Section 33-13-3; amended 74 Code Section 33-16-4; amended 688 Code Section 33-16-14; amended 688 Code Section 33-23-13; amended 665 Code Section 33-23-23; enacted 665 Code Section 33-23-24; enacted 665 Code Section 33-23-52; amended 665 Code Section 33-23-62; amended 665 Code Section 33-23-71; amended 665 Code Section 33-24-3; amended 1109 Code Section 33-24-28.1; amended 14 Code Section 33-24-29; repealed 1276 Code Section 33-24-47.1; enacted 891 Code Sections 33-24-60 through 33-24-67; enacted 492 Code Section 33-27-1; amended 883 Code Section 33-30-1; amended 883 Code Section 33-30-4; amended 675 Code Section 33-34-2; amended 14 Code Section 33-34-4; amended 841 Code Section 33-34-5; amended 841 Code Section 33-34-11; amended 14 Code Section 33-34-11; amended 510 Code Section 33-34-12; amended 405 Code Section 33-34-12.1; amended 510 Code Section 33-34-12.3; amended 510 Code Section 33-34-13; amended 1719 Code Section 33-34-16; enacted 1719 Code Section 33-34-16; enacted 1805 Code Section 33-36-3; amended 74 Code Section 33-36-6; amended 74 Code Section 33-36-10; amended 74 Code Section 33-36-11; amended 74 Code Section 33-36-14; amended 74 Code Section 33-36-19; enacted 74 Code Section 33-38-22; amended 14 Code Section 33-39-13; amended 642

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Code Section 33-41-3; amended 14 Code Section 33-41-10; amended 14 Code Section 33-41-20; amended 14 Code Section 33-42-4; amended 894 Code Section 33-42-6; amended 894 Code Title 33, Chapter 43; enacted 1276 Code Title 33, Chapter 43; enacted 1701 Code Section 34-6A-4; amended 14 Code Section 34-8-51; amended 305 Code Section 34-8-51; amended 594 Code Section 34-8-122; amended 305 Code Section 34-8-152; amended 302 Code Section 34-8-153; amended 305 Code Section 34-9-13; amended 14 Code Section 34-9-52; amended 579 Code Section 34-9-105; amended 579 Code Section 34-9-121; amended 14 Code Section 34-9-161; amended 1075 Code Section 34-9-162; amended 1075 Code Section 34-9-163; amended 1075 Code Section 34-9-200.1; amended 579 Code Section 34-11-3; amended 443 Code Section 34-11-7; amended 14 Code Section 34-11-7; amended 465 Code Section 34-12-3; amended 443 Code Section 34-13-3; amended 443 Code Title 34, Chapter 14; enacted 443 Code Section 35-2-7; amended 1285 Code Section 35-2-33; amended 14 Code Section 35-3-34; amended 1080 Code Section 35-6A-3; amended 288 Code Section 35-6A-3; amended 1245 Code Section 35-8-2; amended 568 Code Section 35-8-6; amended 514 Code Section 35-8-20.1; enacted 1637 Code Section 36-1-11.1; enacted 1284 Code Section 36-1-22; amended 14 Code Section 36-1-23; repealed (see Code Section 36-60-6.1) 14 Code Section 36-7-2.1; enacted 919 Code Section 36-10-2; amended 356 Code Section 36-10-4; amended 278 Code Section 36-10-4; amended 356 Code Section 36-30-3; amended 1287 Code Section 36-34-2; amended 812 Code Section 36-35-3; amended 1584 Code Section 36-36-70; amended 153 Code Section 36-37-6; amended 1418 Code Section 36-39-16; amended 1078 Code Section 36-39-25; amended 1078 Code Section 36-41-5; amended 14

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Code Section 36-44-3; amended 1398 Code Section 36-60-6.1; enacted 14 Code Sections 36-70-1 through 36-70-5; enacted 1317 Code Section 36-81-8; amended 908 Code Section 36-82-102; amended 461 Code Section 36-82-104; amended 14 Code Section 36-82-104; amended 461 Code Section 36-82-105; amended 461 Code Section 36-82-182; amended 165 Code Section 36-82-187; amended 165 Code Section 36-82-190; amended 165 Code Section 36-82-191; amended 165 Code Section 36-82-191.1; enacted 165 Code Section 36-82-192.1; enacted 165 Code Section 36-82-193; amended 165 Code Section 36-82-193.1; enacted 165 Code Section 36-82-197; amended 165 Code Section 36-82-198; amended 165 Code Section 37-3-1; amended 1566 Code Section 37-3-1; amended Vetoed SB 235 Code Section 37-5-9; amended 459 Code Section 37-7-91; amended 14 Code Section 37-8-53; amended 501 Code Section 40-1-1; amended 1792 Code Section 40-2-24; amended 1403 Code Sections 40-2-29.1 through 40-2-29.20; repealed 921 Code Section 40-2-29.21; amended 921 Code Section 40-2-30; amended 857 Code Section 40-2-43; enacted 1186 Code Section 40-2-60.1; enacted 1186 Code Section 40-2-64; amended 14 Code Section 40-2-65; amended 14 Code Section 40-2-72; amended 1186 Code Section 40-2-75.1; amended 921 Code Section 40-2-77; amended 1186 Code Section 40-2-78; enacted 1186 Code Section 40-3-2; amended 1186 Code Section 40-3-25; amended 1186 Code Section 40-3-25.1; amended 1186 Code Section 40-5-1; amended 519 Code Section 40-5-2; amended 519 Code Section 40-5-6; repealed 519 Code Section 40-5-21; amended 519 Code Section 40-5-22; amended 519 Code Section 40-5-23; amended 519 Code Section 40-5-24; amended 519 Code Section 40-5-25; amended 519 Code Section 40-5-27; amended 519 Code Section 40-5-31; amended 519 Code Section 40-5-32; amended 519

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Code Section 40-5-33; amended 519 Code Section 40-5-55; amended 1698 Code Section 40-5-57; amended 555 Code Section 40-5-58; amended 14 Code Section 40-5-61; amended 628 Code Section 40-5-63; amended 14 Code Section 40-5-63; amended 1698 Code Section 40-5-66; amended 14 Code Section 40-5-70; amended 14 Code Section 40-5-120; amended 519 Code Section 40-5-121; amended 350 Code Section 40-5-121; amended 519 Code Section 40-5-125; enacted 519 Code Sections 40-5-140 through 40-5-159; enacted 519 Code Section 40-5-140 through 40-5-149; enacted 628 Code Section 40-6-2; amended 516 Code Section 40-6-42; amended 14 Code Section 40-6-76; enacted 1803 Code Section 40-6-160; amended 14 Code Section 40-6-203; amended 14 Code Section 40-6-224.1; enacted 572 Code Section 40-6-225; amended 572 Code Section 40-6-250; amended 1399 Code Section 40-6-270; amended 14 Code Section 40-6-376; amended 14 Code Section 40-6-390; amended 350 Code Section 40-6-391; amended 14 Code Section 40-6-394; amended 232 Code Section 40-8-4; amended 298 Code Section 40-8-24; amended 298 Code Section 40-8-31; amended 14 Code Section 40-8-33; amended 298 Code Section 40-8-73.1; amended 896 Code Section 40-8-154; amended 14 Code Section 40-8-158; amended 1404 Code Section 40-9-38; amended 14 Code Section 40-9-103; amended 14 Code Section 40-12-2; amended 364 Code Section 40-13-21; amended 354 Code Section 40-13-21; amended 604 Code Section 40-13-32; amended 14 Code Sections 40-14-1 through 40-14-16; amended 586 Code Section 41-1-7; amended 317 Code Section 41-2-7; amended 1161

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Code Section 41-2-12; amended 14 Code Section 41-2-15; amended 14 Code Section 42-2-13; amended 14 Code Section 42-2-14; enacted 57 Code Section 42-3-6; amended 415 Code Sections 42-4-50 through 42-4-55; enacted Vetoed HB 576 Code Section 42-5-58; amended 14 Code Section 42-5-59; amended Vetoed HB 576 Code Section 42-5-63; amended 14 Code Section 42-8-29.1; amended 14 Code Section 42-8-32; amended 380 Code Section 42-8-34; amended 381 Code Section 42-8-34.1; amended 855 Code Section 42-8-36; amended 452 Code Section 42-8-38; amended Vetoed HB 576 Code Section 42-8-72; amended 331 Code Section 42-8-81; amended 14 Code Section 42-9-5; amended 14 Code Section 42-9-12; amended 14 Code Section 42-10-4; amended 415 Code Section 43-1-15; amended 364 Code Section 43-3-7; amended 1098 Code Section 43-3-8; amended 1098 Code Section 43-3-10; repealed 1098 Code Section 43-3-14; amended 1098 Code Section 43-3-15; amended 1098 Code Section 43-3-17; repealed 1098 Code Section 43-3-20; amended 1098 Code Section 43-3-25; amended 1098 Code Section 43-4A-2; amended 370 Code Section 43-4A-4; amended 370 Code Section 43-4A-5; amended 370 Code Section 43-4A-7; amended 370 Code Section 43-4A-8; amended 370 Code Section 43-4A-10; amended 370 Code Section 43-4A-11; amended 370 Code Section 43-4A-12; amended 370 Code Section 43-4A-13; amended 370 Code Section 43-4A-16; amended 370 Code Section 43-5-8; amended 454 Code Section 43-5-9; amended 454 Code Section 43-5-15; amended 454 Code Section 43-6-1; amended 1409 Code Section 43-6-11; amended 1409 Code Section 43-6-11.1; amended 1409 Code Section 43-6-15; repealed 1409 Code Section 43-6-18; amended 1409 Code Section 43-6-24; amended 1409 Code Section 43-9-16; amended 460 Code Section 43-10A-7; amended 825

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Code Section 43-10A-8; amended 825 Code Section 43-10A-13; amended 825 Code Section 43-10A-24; amended 825 Code Section 43-11A-18; amended 291 Code Section 43-14-1; amended 1756 Code Section 43-14-2; amended 1756 Code Section 43-14-3; amended 1756 Code Section 43-14-4; amended 1756 Code Section 43-14-5; amended 1756 Code Section 43-14-6; amended 1756 Code Section 43-14-8; amended 1617 Code Section 43-14-8.2; enacted 1756 Code Section 43-14-8.3; enacted 1756 Code Section 43-14-15; amended 1756 Code Section 43-14-16; amended 1600 Code Section 43-14-16; amended 1756 Code Section 43-14-18; amended 1617 Code Section 43-20-9; amended 423 Code Section 43-20-11; amended 423 Code Section 43-26-4; amended 261 Code Section 43-34-26.1; enacted 261 Code Section 43-34-103; amended 261 Code Section 43-35-5; amended 295 Code Section 43-35-6; amended 295 Code Section 43-35-7; amended 295 Code Section 43-36-6; amended 797 Code Section 43-36-7; amended 797 Code Section 43-36-15; amended 797 Code Section 43-36-16; amended 797 Code Section 43-36-16.1; enacted 797 Code Section 43-40-6; amended 1619 Code Section 43-40-9; amended 1619 Code Section 43-40-12; amended 1619 Code Section 43-40-15; amended 1619 Code Section 43-40-18; amended 1619 Code Section 43-40-22; amended 1619 Code Section 43-40-25; amended 1619 Code Section 43-40-29; amended 1619 Code Section 43-40-30; amended 1619 Code Section 43-41-20; amended 1181 Code Section 43-44-18; enacted 1602 Code Section 43-45-26; amended 327 Code Section 43-47-2; amended 154 Code Section 43-47-3; amended 154 Code Section 43-47-7; amended 14 Code Section 43-47-7; amended 154 Code Section 43-48-21; amended 414 Code Section 43-51-6; amended 304 Code Section 44-1-13; amended 1230 Code Section 44-1-16; enacted 1633

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Code Section 44-2-139; repealed 563 Code Section 44-2-140; amended 563 Code Section 44-2-141; amended 563 Code Section 44-2-144; amended 563 Code Section 44-2-160; amended 563 Code Section 44-2-167; amended 563 Code Section 44-2-168; repealed 563 Code Section 44-2-251; repealed 563 Code Section 44-3-3; amended 1317 Code Section 44-3-8; amended 14 Code Section 44-3-162; amended 321 Code Section 44-3-163; amended 321 Code Section 44-3-169; amended 321 Code Section 44-3-171; amended 321 Code Section 44-3-205; amended 321 Code Section 44-5-143.1; amended 14 Code Section 44-10-23; amended 1160 Code Section 44-12-130; amended 819 Code Section 44-12-131; amended 819 Code Section 44-12-137; amended 819 Code Section 44-12-196; amended 946 Code Section 44-12-198; amended 14 Code Section 44-12-209; amended 1115 Code Section 44-12-221; amended 1115 Code Section 44-12-222; enacted 1115 Code Section 44-13-100; amended 14 Code Section 44-14-4; amended 498 Code Section 44-14-63; amended 859 Code Section 44-14-64; amended 859 Code Section 44-14-67; amended 498 Code Section 44-14-261; amended 803 Code Section 44-14-361.1; amended 438 Code Section 44-14-403; amended 819 Code Section 44-14-408; amended 819 Code Sections 44-14-460 through 44-14-466; enacted 1489 Code Section 44-14-516; amended 805 Code Section 45-2-1; amended 596 Code Section 45-4-13; amended 247 Code Section 45-4-17; amended 247 Code Section 45-7-4; amended 212 Code Section 45-7-4; amended 579 Code Section 45-7-7; amended 1641 Code Section 45-7-21; amended 1641 Code Section 45-7-22; amended 1641 Code Section 45-9-87; repealed 1244 Code Section 45-12-35; amended 290 Code Section 45-12-132; amended 603 Code Section 45-12-172; amended 1317 Code Sections 45-12-200 through 45-12-207; enacted 1317 Code Section 45-13-22; amended 1129

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Code Section 45-16-1; amended 1091 Code Section 45-16-22; amended 417 Code Section 45-16-25; amended 829 Code Section 45-16-32; amended 417 Code Section 45-16-46; amended 829 Code Section 45-16-66; amended 14 Code Section 45-18-1; amended 1148 Code Section 45-18-2; amended 1148 Code Section 45-18-7.4; enacted 490 Code Section 45-18-17; amended 1148 Code Section 45-18-19; enacted 1148 Code Section 45-18-36; amended 313 Code Section 45-19-36; amended 1210 Code Section 45-20-2; amended Vetoed HB 104 Code Section 45-20-6; amended 279 Code Section 45-20-16; enacted 1582 Code Section 45-20-51; amended 878 Code Section 45-22-6; amended 443 Code Section 45-22-8; amended 443 Code Section 46-2-20; amended 692 Code Section 46-2-26.3; amended 14 Code Section 46-3-306; amended 14 Code Section 46-4-82; amended 471 Code Section 46-4-121; amended 471 Code Section 46-5-30; enacted 657 Code Section 46-5-100; amended 946 Code Section 46-7-16; amended 14 Code Section 46-7-61; amended 14 Code Section 46-8-4; amended 946 Code Section 46-8-51; amended 946 Code Section 47-2-1; amended 52 Code Section 47-2-260; amended 347 Code Section 47-3-21; amended 52 Code Section 47-3-67; amended 314 Code Section 47-3-90; 1988 amendatory Act repealed 251 Code Section 47-3-120; amended 249 Code Section 47-4-2; amended 52 Code Section 47-4-40; amended 52 Code Section 47-5-2; amended 52 Code Section 47-5-2; amended 611 Code Section 47-6-42; amended 52 Code Section 47-7-40; amended 339 Code Section 47-7-41; amended 339 Code Section 47-7-83; enacted 339 Code Section 47-7-102; amended 50 Code Section 47-7-102; amended 339 Code Section 47-7-124; amended 50 Code Section 47-8-64; amended 832 Code Section 47-9-60; amended 832 Code Section 47-9-70; amended 80

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Code Section 47-9-70; amended 347 Code Section 47-9-73; amended 347 Code Section 47-9-91; amended 347 Code Section 47-16-60; amended 52 Code Section 47-16-61; amended 1153 Code Section 47-17-1; amended 228 Code Section 47-17-60; amended 225 Code Section 47-20-50.1; amended 52 Code Section 47-20-63; enacted 48 Code Section 48-1-2; amended 1402 Code Section 48-2-45; amended 1400 Code Section 48-3-19; amended 457 Code Section 48-4-45; amended 1391 Code Section 48-4-46; amended 1391 Code Section 48-4-48; amended 1391 Code Section 48-5-2; amended 1585 Code Section 48-5-7; amended 1585 Code Section 48-5-7.2; enacted 1585 Code Section 48-5-183; amended 801 Code Section 48-5-210; amended 1091 Code Section 48-5-274; amended 597 Code Section 48-7-27; amended 1112 Code Section 48-7-40; enacted 905 Code Section 48-7-119; amended 1110 Code Section 48-8-3; amended 62 Code Section 48-8-3; amended 622 Code Section 48-8-3.1; enacted 62 Code Section 48-8-30; amended 62 Code Section 48-8-32; amended 62 Code Section 48-8-43; amended 62 Code Section 48-8-49; amended 62 Code Section 48-8-63; amended 62 Code Section 48-8-82; amended 62 Code Section 48-8-82.1; repealed 504 Code Section 48-8-89.3; enacted 1178 Code Section 48-8-110; amended 62 Code Section 48-8-122; repealed 62 Code Section 48-10-3.1; repealed 1186 Code Section 48-13-5; amended 890 Code Sections 48-13-50 through 48-13-53; revised 1 Code Section 48-13-51; amended 62 Code Section 48-13-77; amended 1118 Code Section 48-13-78; amended 1118 Code Section 49-2-15; enacted 497 Code Section 49-4-15; amended 466 Code Section 49-4-152.1; enacted 852 Code Section 49-5-12; amended 1795 Code Section 49-8-3; amended 1317 Code Section 49-8-5; amended 1317 Code Section 50-3-32; enacted 1122

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Code Section 50-3-63; enacted 297 Code Section 50-5-31; amended 1641 Code Title 50, Chapter 7; revised 1641 Code Section 50-8-1; amended 1317 Code Section 50-8-2; amended 1317 Code Section 50-8-3; amended 1317 Code Section 50-8-4; amended 1317 Code Section 50-8-5; amended 1317 Code Section 50-8-6; amended 1317 Code Section 50-8-7; amended 1317 Code Section 50-8-7.1; enacted 1317 Code Section 50-8-7.2; enacted 1317 Code Section 50-8-8; amended 1317 Code Section 50-8-9; reenacted 1317 Code Section 50-8-10; amended 1317 Code Section 50-8-11; amended 1317 Code Section 50-8-12; amended 1317 Code Section 50-8-30; amended 1317 Code Section 50-8-31; amended 1317 Code Section 50-8-32; amended 1317 Code Section 50-8-33; amended 1317 Code Section 50-8-34; amended 1317 Code Section 50-8-35; amended 1317 Code Section 50-8-36; amended 1317 Code Section 50-8-37; amended 1317 Code Section 50-8-38; amended 1317 Code Section 50-8-39; amended 1317 Code Section 50-8-40; amended 1317 Code Section 50-8-41; amended 1317 Code Section 50-8-42; amended 1317 Code Section 50-8-43; amended 1317 Code Section 50-8-44; amended 1317 Code Section 50-8-45; amended 1317 Code Section 50-8-46; enacted 1317 Code Section 50-8-81; amended 1317 Code Section 50-8-83; amended 1317 Code Section 50-8-101; amended 258 Code Section 50-8-121; amended 1317 Code Section 50-8-122; amended 1317 Code Section 50-8-123; amended 1317 Code Section 50-8-190; amended 1317 Code Section 50-8-191; amended 1317 Code Section 50-10-3; amended 1641 Code Section 50-10-4; amended 946 Code Section 50-11-1; amended 1129 Code Section 50-11-5; amended 1129 Code Section 50-11-7; repealed 1129 Code Section 50-11-8; repealed 1129 Code Section 50-11-9; amended 1129 Code Section 50-11-10; repealed 1129

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Code Section 50-12-1; amended 1641 Code Sections 50-12-40 through 50-12-48; enacted 1786 Code Sections 50-12-70 through 50-12-74; enacted 1682 Code Section 50-13-21; amended 681 Code Section 50-16-34.1; enacted 1238 Code Section 50-16-161; amended 468 Code Section 50-18-1; amended 1634 Code Section 50-18-2; amended 1634 Code Section 50-18-3; enacted 1634 Code Section 50-18-72; amended 553 Code Section 50-18-72; amended 827 Code Section 50-20-2; amended 1317 Code Section 50-20-4; amended 1317 Code Section 50-23-3; amended 1641 Code Section 50-23-4; amended 1289 Code Section 50-23-6; amended 1289 Code Section 50-23-7; amended 1289 Code Section 50-23-12; amended 1289 Code Section 51-1-41; enacted 1603 Code Section 51-5-12; enacted 408 Code Sections 51-7-80 through 51-7-85; enacted 408 Code Section 52-6-11; amended 451 Code Section 52-7-3; amended 230 Code Section 52-7-8.1; amended 656 Code Sections 52-7-70 through 52-7-77; enacted 613 Code Section 53-1-5; enacted 1193 Code Section 53-6-22; amended 914 Code Section 53-6-23; amended 914 Code Section 53-12-3; amended 14 Code Section 53-12-57; amended 946 Code Section 53-12-59; amended 946 Code Section 53-12-121; amended 946 Code Section 53-13-121; amended 364 COURTS SUPREME COURT Justices; compensation 212 COURT OF APPEALS Judges; compensation 212 SUPERIOR COURTS Alcovy Judicial Circuit; judges; salary supplement 4118 Atlanta Judicial Circuit; additional judge 203 Atlantic Judicial Circuit; additional judge 188

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Bacon County; sheriff; secretaries and jailers; chief deputy; investigator; compensation 4167 Bail; procedure 1714 Baldwin County; sheriff; compensation 3767 Bartow County; additional judge 205 Bartow County; clerk; sheriff; compensation 4740 Bibb County; judges; supplements; senior judges 4286 Blue Ridge Judicial Circuit; judges; salary supplement 4192 Bulloch County; sheriff; clerk; compensation; personnel 4767 Carroll County; clerk; compensation 4154 Carroll County; judges; salary supplement 3859 Catoosa County; clerk; clerical help 3904 Chatham County; additional judge 196 Chattahoochee County; additional judge 200 Chattahoochee Judicial Circuit; additional judge 200 Cherokee County; judges; salary supplement 4192 Cherokee County; sheriff; clerk; compensation 4097 Cherokee Judicial Circuit; additional judge 205 Clayton County; district attorney; salary supplement 4037 Clayton County; judges; salary supplement 4039 Clayton County; sheriff; clerk of the superior court; deputy clerk compensation 4048 Clayton Judicial Circuit; district attorney; salary supplement 4037 Clayton Judicial Circuit; judges; salary supplement 4039 Clayton Judicial Circuit; state probation officers and probation personnel; compensation; supplements 4144 Clerks; actions in rem; notices; liens 438 Clerks; deeds to secure debt; recording 859 Clerks; fees 14 Clerks; fees 498 Clerks; fees 931 Clerks; fees 946 Clerks; filing certificates of guardianships of property of incapacitated adults 571 Clerks; records, books, dockets, and indices; fees 395 Clerks; salary; longevity increases 801 Clerks; selection of boards, authorities, or entities by grand juries; notices 310 Clerks; sheriffs; qualifications; affidavits 1091 Cobb County; clerk and deputy clerk; compensation 4836 Cobb County; sheriff and personnel; compensation; title of executive secretary changed to executive assistant 4135 Cobb Judicial Circuit; court administrator 3799 Cobb Judicial Circuit; district attorney, chief assistant, and assistants; compensation 4821 Cobb Judicial Circuit; judges; salary supplements 4834 Coweta County; judges; salary supplement 3859 Coweta Judicial Circuit; judges; salary supplement 3859 Dawson County; sheriff; compensation 3867 District attorney; juvenile courts 824 District attorneys; traffic misdemeanors in probate courts 354 Eastern Judicial Circuit; additional judge 196 Fayette County; clerk; compensation 4173

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Fayette County; sheriff; compensation 4178 Forsyth County; judges; salary supplement 4192 Fulton County; additional judge 203 Gordon County; additional judge 205 Guardianships of property of incapacitated adults; clerk; certificates; filing 571 Gwinnett County; clerk; sheriff; compensation 4887 Gwinnett Judicial; judges; salary supplement 4882 Haralson County; terms 283 Harris County; additional judge 200 Heard County; judges; salary supplement 3859 Henry County; clerk; sheriff; compensation 4824 Houston County; state probation officers; salary supplements 4871 Jasper County; clerk; salary in lieu of fees 4252 Judges' secretaries; reemployment; pay level 54 Lee County; sheriff; deputies 4356 Lookout Mountain Judicial Circuit; probation officers; county supplements 4032 Macon Judicial Circuit; Bibb County; judges; supplements; senior judges 4286 Macon Judicial Circuit; district attorney; salary supplement 4009 Marion County; additional judge 200 Meriwether County; judges; salary supplement 3859 Monroe County; clerk; annual salary in lieu of fees 3569 Muscogee County; additional judge 200 Newton County; judges; salary supplement 4118 Paulding County; terms 283 Polk County; terms 283 Pulaski County; deputy sheriffs; compensation; number 4449 Richmond County; clerk; district attorney; judges; sheriff; compensation 4113 Richmond County; sheriff; merit system board; compensation 4151 Senior judges serving as judges; procedures; compensation 832 Sheriffs' Retirement Fund of Georgia 52 Sheriffs' Retirement Fund of Georgia 1153 Sheriffs; salary; longevity increases 801 Southern Judicial Circuit; additional judge 180 Stone Mountain Judicial Circuit; judges; salary supplement 4696 Superior Court Judges Retirement Fund of Georgia 832 Superior Court Judges Retirement System 347 Superior Court Judges Retirement System 832 Superior Court Judges Retirement System; members reelected in 1988 80 Talbot County; additional judge 200 Tallapoosa Judicial Circuit; terms 283 Taylor County; additional judge 200 Troup County; judges; salary supplement 3859 Walker County; clerk; personnel; compensation 4288 Walton County; judges; salary supplement 4118 Warren County; sheriff; deputy sheriffs; compensation; expenses; equipment 4244 JUVENILE COURTS Cobb County; judge; compensation 4839 Designated felony acts; confinement periods 46

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Detention of juveniles; basic principles 838 District attorney conducting proceedings 824 Gwinnett County; judge; compensation 4885 Places of detention of a child 1716 PROBATE COURTS Baldwin County; judge; compensation; fees; personnel; budget 3769 Bartow County; judge; compensation 4740 Bulloch County; judge; compensation; personnel 4767 Catoosa County; judge; clerical help 3904 Certain counties; concurrent jurisdiction; jurisdiction; appointment of trustees; acceptance of a trustee's resignation 917 Cherokee County; judge; compensation 4097 Chief magistrates and magistrates; bonds; oaths; certificates 247 Clarke County; chief clerk; compensation 4858 Clayton County; judge; compensation 4146 Cobb County; judge and clerk; compensation 4772 Council of Probate Court Judges of Georgia; contracts for educational material 1247 County organs; notification of Secretary of State 1248 Executive Probate Court Judges of Georgia; 245 Fayette County; judge; compensation 4170 Guardians; jurisdiction 1155 Guardianships of property of incapacitated adults; filing of certificates by judge or clerk 571 Gwinnett County; judge; compensation 4887 Henry County; judge; compensation 4824 Judges; qualification of candidates; affidavits 1091 Judges; salary; longevity increases 801 Judges; vacancies; chief clerk assuming duties; compensation 361 Jurisdiction; estates; residence of decedents in nursing homes 1193 Marriage ceremonies; performance by retired judges 593 Marriage licenses 605 Muscogee County; judge; compensation 4416 Peach County; jurisdiction; marijuana cases 4853 Richmond County; judge; compensation 4113 The Council of Probate Court Judges of Georgia; contracts for educational material 1247 Traffic misdemeanors; district attorneys and state court solicitors; duties 354 Walker County; judge; personnel; compensation 4291 STATE COURTS Baldwin County; judge; solicitor; compensation; full-time positions 4199 Bulloch County; judge; solicitor; compensation 4640 Carroll County; judge; compensation 4156 Chatham County; costs and fees 3876 Clayton County; judge; solicitor; deputy clerk; compensation 4042 Cobb County; chief judge; judges; compensation 4208 Cobb County; clerk; chief deputy clerk; compensation 4205

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Cobb County; costs 5003 Cobb County; second division; judges; compensation 3752 Cobb County; solicitor; election; terms; duties; personnel 4224 DeKalb County; fees; assistant solicitors 4090 Effingham County; judge; solicitor; compensation 4361 Fulton County; costs; fees 3894 Glynn County; judge; compensation 4338 Gwinnett County; judges; compensation 4880 Habersham County; judge's secretary; demands for jury trials 3901 Hall County; judge; solicitor; compensation 3567 Houston County; solicitor 4348 Muscogee County; judges; compensation 3994 Muscogee County; solicitor and full-time assistant solicitors; compensation 4004 Richmond County; judge; solicitor; clerk; compensation 4113 Solicitors; traffic misdemeanors in probate courts 354 Tift County; sheriff; clerk; compensation 4275 MAGISTRATE COURTS Bartow County; chief magistrate; compensation 4743 Chief magistrates; minimum compensation 426 Chief magistrates and magistrates; bonds; oaths; certificates 247 Civil jurisdiction 320 Crawford County; law library fees 3996 Forsyth County; chief magistrate; constables; clerk 4848 Glynn County; law library fees 4336 Greene County; chief magistrate; compensation; number of magistrates 4108 Haralson County; law library fees 4648 Jefferson County; chief magistrate; election; magistrates; appointment; terms; chief deputy magistrate 3542 Jurisdiction; waivers of extradition 338 Murray County; chief magistrate and magistrates; compensation; employees 3925 Paulding County; law library fees 4719 Peach County; law library fees 4564 Polk County; law library fees 4650 Walton County; law library fees 4657 MUNICIPAL COURTS Alpharetta; fines 3918 Alpharetta; judge; compensation 5224 Atlanta; municipal court; costs; fees 3894 Bail; procedures 1714 Cordele; municipal court 3969 East Point; city court 5275 Jurisdiction of traffic offenses 604 Marietta; employees; probation office 4583 Marietta; fines 5131 Monticello; fines 4218 Newnan; judges; qualification 5327

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Waycross; bonds 5322 OTHER COURTS Gwinnett County; recorder's court; judges; compensation 4878 Richmond County; civil court; judge; associate judge; compensation 4113 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Bacon County; board of commissioners; compensation; per diem; vice chairman; employees; voting; bids 4158 Bacon County; sheriff; secretaries and jailers; chief deputy; investigator; compensation 4167 Baker County; board of commissioners; clerk 4354 Baldwin County; coroner; annual salary; fees; budget 3776 Baldwin County; probate court; judge; compensation; fees; personnel; budget 3769 Baldwin County; sheriff; compensation 3767 Baldwin County; state court; judge; solicitor; compensation; full-time positions 4199 Baldwin County; tax commissioner; compensation 3774 Banks County; Northeast Georgia Surface and Air Transportation Commission 4596 Barrow County; Northeast Georgia Surface and Air Transportation Commission 4596 Barrow County Airport Authority; members; chairman; terms; vacancies; quorum 3764 Barrow County Water and Sewerage Authority; membership 4544 Bartow County; board of elections; creation 4721 Bartow County; commissioner; compensation 4737 Bartow County; enhanced emergency telephone number 911 systems; fees 4128 Bartow County; magistrate court; chief magistrate; compensation 4743 Bartow County; sheriff; clerk of the superior court; judge of the probate court; compensation 4740 Bartow County; superior court; additional judge 205 Bartow County; tax commissioner; compensation 4734 Ben Hill County; coroner placed on salary; deputy coroner 4465 Bibb County; district attorney; salary supplement 4009 Bibb County; Macon-Bibb County Water and Sewerage Authority; Employees Pension Plan 4202 Bibb County; Middle Georgia Coliseum Authority; bonds 4006 Bibb County; superior court; judges; senior judges; supplements 4286 Bleckley County; tax commissioner; compensation 3885 Brantley County; board of education; compensation 4126 Brooks County; board of commissioners; compensation 3938 Bryan County; board of commissioners; compensation 4860 Bulloch County; coroner; expenses 3622 Bulloch County; judge of the probate court; sheriff; clerk of the superior court; tax commissioner; compensation; personnel 4767 Bulloch County; state court; judge; solicitor; compensation 4640 Bulloch County; tax commissioner; compensation 4351 Butts County; tax commissioner; salary supplement 4789

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Carroll County; board of commissioners; creation 3546 Carroll County; clerk of the superior court; compensation 4154 Carroll County; enhanced emergency telephone number 911 systems; fees 4542 Carroll County; state court; judge; compensation 4156 Carroll County; superior court; judges; salary supplement 3859 Catoosa County; board of utilities commissioners; selection 4186 Catoosa County; Catoosa County Water and Sewer District changed to Catoosa Utility District 3967 Catoosa County; judge of the probate court; clerk of the superior court; clerical help 3904 Catoosa County; probation officers; county supplement 4032 Catoosa County; tax commissioner; clerical help 3907 Chatham County; ad valorem taxes; millage rate; certifications 4568 Chatham County; Chatham-Savannah Authority for the Homeless Act 4701 Chatham County; Development Authority of Chatham County and Union Camp Corporation; easement 741 Chatham County; easement across state property 754 Chatham County; officials; compensation 4221 Chatham County; state court; costs and fees 3876 Chatham County; superior court; additional judge 196 Chattahoochee County; board of commissioners; compensation 3508 Chattahoochee County; superior court; additional judge 200 Chattooga County; probation officers; county supplement 4032 Cherokee County; board of commissioners; creation; referendum 4295 Cherokee County; board of education; per diem compensation 4057 Cherokee County; sheriff; clerk of the superior court; tax commissioner; judge of the probate court; compensation 4097 Cherokee County; superior court; judges; salary supplement 4192 Clarke County Airport Authority; members; initial appointments; terms 5111 Clarke County; Athens-Clarke County Anti-Drug Commission; creation 4792 Clarke County; Classic Center Authority for Clarke County; membership 4867 Clarke County; Northeast Georgia Surface and Air Transportation Commission 4596 Clarke County; probate court; chief clerk; compensation 4858 Clayton County; board of commissioners; compensation; final report 4051 Clayton County; board of education; school superintendent; elections; referendum 4905 Clayton County; district attorney; salary supplement 4037 Clayton County; exchange of state owned property for county owned property 764 Clayton County; probate court; judge; compensation 4146 Clayton County; redevelopment powers; referendum 4818 Clayton County; sheriff; clerk of the superior court; deputy clerk; compensation 4048 Clayton County; state court; judge; solicitor; deputy clerk; compensation 4042 Clayton County; state probation officers and probation personnel; compensation; supplements 4144 Clayton County; superior court; judges; salary supplement 4039 Clayton County; tax commissioner; deputy tax commissioner; compensation 4045 Clayton County Commission on Children and Youth; creation 4891 Clayton County Pension Fund; benefits; contributions; actuarial review 5116 Cobb County; board of commissioners; compensation 4418 Cobb County; board of commissioners; county purchases 4422

Page XLIII

Cobb County; Civil Service Board; membership; officers; meetings; positions 3869 Cobb County; Cobb County Community Improvement Districts; definitions; creation; board; annexation 4256 Cobb County; district attorney, chief assistant, and assistants; compensation 4821 Cobb County; juvenile court; judge; compensation 4839 Cobb County; Marietta-Cobb County Anti-Drug Commission; creation 4233 Cobb County; probate court; judge and clerk; compensation 4772 Cobb County; redevelopment powers; referendum 4266 Cobb County; sheriff, chief deputy, chief investigator, and executive secretary; compensation; title of executive secretary changed to executive assistant 4135 Cobb County; state court; chief judge; judges; compensation 4208 Cobb County; state court; clerk; chief deputy clerk; compensation 4205 Cobb County; state court; costs 5003 Cobb County; state court; second division; judges; compensation 3752 Cobb County; state court; solicitor; election; terms; duties; personnel 4224 Cobb County; superior court; clerk and deputy clerk; compensation 4836 Cobb County; superior court; court administrator 3799 Cobb County; superior court; judges; salary supplements 4834 Cobb County; tax commissioner, chief clerk, and executive secretary; compensation 4015 Cobb County Commission on Children and Youth; date of abolition 4311 Cobb County-Marietta Water Authority; members; terms; quorum; compensation; fines 4711 Colquitt County; enhanced emergency telephone number 911 system; fees 4816 Columbus; councilors; terms 3979 Columbus; personnel review board; alternate members 3981 Cook County; motor vehicle registration periods 4271 Coweta County; superior court; judges; salary supplement 3859 Crawford County; district attorney; salary supplement 4009 Crawford County; magistrate court; law library fees 3996 Dade County; probation officers; county supplement 4032 Dawson County; sheriff; compensation 3867 DeKalb County; chief executive officer; compensation 4863 DeKalb County; special services tax districts; millage rate in municipalities 4165 DeKalb County; state court; fees; assistant solicitors 4090 DeKalb County; superior court; judges; salary supplement 4696 Dougherty County; board of education; powers 4141 Dougherty County; Joint County-Municipal Board of Registration and Elections; membership; chairperson; terms; powers 4079 Douglas County; Douglasville-Douglas County Water and Sewer Authority; members 3976 Effingham County; state court; judge; solicitor; compensation 4361 Elbert County; board of commissioners; compensation; expenses 4468 Elbert County; Northeast Georgia Surface and Air Transportation Commission 4596 Elbert County Richard B. Russell Development Authority; creation 3587 Emanuel County Development Authority; exemptions from taxation 3510 Fayette County; probate court; judge; compensation 4170 Fayette County; sheriff; compensation 4178 Fayette County; superior court; clerk; compensation 4173

Page XLIV

Fayette County; tax commissioner; compensation 4175 Floyd County; Rome-Floyd County Commission on Children and Youth; creation 4403 Forsyth County; magistrate court; chief magistrate; constables; clerk 4848 Forsyth County; superior court; judges; salary supplement 4192 Fulton County; board of elections and registration; creation 4577 Fulton County; homestead exemption; disability 4379 Fulton County; superior court; additional judge 203 Glynn County; board of commissioners; expense allowance 4398 Glynn County; magistrate court; law library fees 4336 Glynn County; state court; judge; compensation 4338 Gordon County; superior court; additional judge 205 Greene County; coroner; compensation; expenses; fees 4328 Greene County; magistrate court; chief magistrate; compensation; number of magistrates 4108 Greene County; Northeast Georgia Surface and Air Transportation Commission 4596 Gwinnett County; board of commissioners; districts 4691 Gwinnett County; board of commissioners; expenses; account; charitable expenditures 4211 Gwinnett County; county historian 4214 Gwinnett County; county surveyor 4071 Gwinnett County; juvenile court; judge; compensation 4885 Gwinnett County; medical examiner 4099 Gwinnett County; recorder's court; judges; compensation 4878 Gwinnett County; sheriff; clerk of the superior court; judge of the probate court; tax commissioner; compensation 4887 Gwinnett County; state court; judges; compensation 4880 Gwinnett County; superior court; judges; salary supplement 4882 Gwinnett County Recreation Authority; membership; appointment; terms; expenses; debt 4998 Habersham County; state court; judge's secretary; demands for jury trial 3901 Hall County; board of commissioners; elections 4030 Hall County; Northeast Georgia Surface and Air Transportation Commission 4596 Hall County; state court; judge; solicitor; compensation 3567 Hancock County; board of commissioners; compensation; expense allowance 4111 Haralson County; magistrate court; law library fees 4648 Haralson County; superior court; terms 283 Harris County; county officers list; audits; bids 5126 Harris County; superior court; additional judge 200 Heard County; commissioner; compensation 3964 Heard County; superior court; judges; salary supplement 3859 Heard County Water Authority; name changed from Franklin-Heard County Water Authority 4139 Henry County; board of commissioners; chairman; election; referendum 4829 Henry County; sheriff; clerk of the superior court; judge of the probate court; tax commissioner; compensation 4824 Houston County; motor vehicle registration periods; Act repealed 4869 Houston County; state court; solicitor 4348 Houston County; state probation officers; salary supplements 4871 Jackson County; Northeast Georgia Surface and Air Transportation Commission 4596

Page XLV

Jasper County; clerk of superior court; salary in lieu of fees 4252 Jeff Davis County; board of commissioners; terms; clerk; vacancies; meetings 3998 Jefferson County; magistrate court; chief magistrate; election; magistrates; appointment; terms; chief deputy magistrate 3542 Jefferson County; tax commissioner; compensation 4283 Jones County; board of education; compensation 4269 Lamar County Water and Sewer Authority; creation 3942 Lee County; sheriff; deputies 4356 Lowndes County; board of commissioners; compensation 3575 Lowndes County; board of education; number of members; districts; elections; vacancies; referendum 3578 Lowndes County; motor vehicle registration periods 3574 Lowndes County Enhanced 911 Service District Act 4842 Lumpkin County; commissioner; compensation 4865 Madison County; board of commissioners; compensation; expenses 4716 Madison County; Northeast Georgia Surface and Air Transportation Commission 4596 Marion County; superior court; additional judge 200 McDuffie County; board of commissioners; compensation; expenses 3897 McDuffie County; coroner; compensation 3899 Meriwether County; board of commissioners; compensation; expenses 3931 Meriwether County; superior court; judges; salary supplement 3859 Monroe County; superior court; clerk; annual salary in lieu of fees 3569 Morgan County; Northeast Georgia Surface and Air Transportation Commission 4596 Morgan County Water Authority; creation 4670 Murray County; board of education 3923 Murray County; magistrate court; chief magistrate and magistrates; compensation; employees 3925 Murray County; William A. Ridley Bridge; designated 746 Muscogee County; coroner; compensation 4132 Muscogee County; probate court; judge; compensation 4416 Muscogee County; state court; judges; compensation 3994 Muscogee County; state court; solicitor and full-time assistant solicitors; compensation 4004 Muscogee County; superior court; additional judge 200 Newton County; board of commissioners; chairman; compensation 3983 Newton County; superior court judges; salary supplement 4118 Newton County Water and Sewerage Authority; membership 4667 Oconee County; Northeast Georgia Surface and Air Transportation Commission 4596 Oconee Utility Authority; abolished; property transferred 4358 Oglethorpe County; board of commissioners; chairman; compensation 3505 Oglethorpe County; Northeast Georgia Surface and Air Transportation Commission 4596 Oglethorpe County Water Authority; creation 3605 Paulding County; magistrate court; law library fees 4719 Paulding County; superior court; terms 283 Peach County; board of commissioners; compensation 4876 Peach County; district attorney; salary supplement 4009 Peach County; magistrate court; law library fees 4564 Peach County; probate court; jurisdiction; marijuana cases 4853

Page XLVI

Polk County; board of elections and registration; creation 4652 Polk County; magistrate court; law library fees 4650 Polk County; superior court; terms 283 Polk County; tax commissioner; compensation 3920 Pulaski County; deputy sheriffs; compensation; number 4449 Putnam County; Battle Smith Bridge designated 763 Putnam County; coroner; deputy coroner; compensation; expenses 4068 Richmond County; Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore Vetoed HB 896 Richmond County; Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore 3755 Richmond County; board of education; compensation 4180 Richmond County; county officials; compensation 4113 Richmond County Development Authority; conveyance of state property 700 Richmond County Sheriff's Merit System Board; compensation 4151 Rockdale County; board of commissioners; vacancies 4059 Spalding County; Griffin-Spalding County Charter Commission; creation 3802 Sumter County; conveyance of state owned property 781 Talbot County; board of commissioners; compensation 4366 Talbot County; superior court; additional judge 200 Tattnall County; motor vehicle registration periods 4116 Taylor County; board of education; compensation 4396 Taylor County; county manager; office created; county clerk; office abolished 4195 Taylor County; superior court; additional judge 200 Thomas County; board of education; elections; terms; districts 4321 Tift County; board of commissioners; meetings; date 3912 Tift County; state court; sheriff; clerk; compensation 4275 Toombs County; board of commissioners; compensation 4013 Troup County; superior court; judges; salary supplement 3859 Turner County; board of education; vacancies 4556 Turner County; board of elections; creation 4559 Walker County; clerk of the superior court; personnel; compensation 4288 Walker County; coroner; compensation 4630 Walker County; judge of the probate court; personnel; compensation 4291 Walker County; probation officers; county supplement 4032 Walker County; tax commissioner; personnel; compensation 4293 Walton County; magistrate court; law library fees 4657 Walton County; Northeast Georgia Surface and Air Transportation Commission 4596 Walton County; superior court judges; salary supplement 4118 Warren County; sheriff; deputy sheriffs; compensation; expenses; equipment 4244 Webster County; board of commissioners; creation 4805 White County; conveyance of state property in White County authorized 708 Whitfield County; board of education; terms; elections; referendum 4901 Whitfield County; coroner; compensation 4575 Wilcox County; board of commissioners; elections; terms; districts; oath; vacancies 4458 Wilcox County; board of education; elections; districts; local constitutional amendment repealed 4452

Page XLVII

Wilkes County; board of commissioners; compensation; insurance; road superintendent 4411 COUNTIES AND COUNTY MATTERS BY POPULATION 160,000 or more; Sunday sales of alcoholic beverages 1487 350,000, more than; private solid waste disposal sites; permits 513 480,000-580,000, counties of; annexation by municipalities 153 500,000 or more, counties of; board of elections; Act repealed 179 COUNTY MATTERSHOME RULE AMENDMENTS Clarke County Airport Authority; members; initial appointments; terms 5111 Clayton County Pension Fund; benefits; contributions; actuarial review 5116 Harris County; county officers list; audits; bids 5126 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; new charter 3512 Albany; board of commissioners; organizational meeting 5351 Albany; homestead exemption; referendum 4062 Albany; Joint County-Municipal Board of Registration and Elections; membership; chairperson; terms; powers 4079 Albany; mayor and commissioners; elections; terms; referendum 4802 Albany; sanitary sewer costs 5246 Alpharetta; contracts; bids; exceptions 5256 Alpharetta; mayor; council; municipal judge; compensation 5224 Alpharetta; municipal court; fines 3918 Andersonville; municipal offices; terms 5384 Athens; mayor and council; organizational meeting 5366 Athens; Northeast Georgia Surface and Air Transportation Commission 4596 Athens; redevelopment powers; referendum 4021 Athens-Clarke County Anti-Drug Commission; creation 4792 Atlanta; Metropolitan Atlanta Olympic Games Authority; creation 5078 Atlanta; Metropolitan Atlanta Rapid Transit Authority; operating costs; interest; investments 4313 Atlanta; urban enterprise zones 4101 Atlanta; urban enterprise zones; rehabilitation 4342 Atlanta; urban enterprise zones; zones for residential purposes 4104 Atlanta and Atlanta School District; homestead exemption; referendum 4229 Auburn; new charter 5011 Augusta; pension and retirement funds; investments 5268 Augusta Canal Authority; creation 4750 Augusta Ports Authority; projects; powers 4087 Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore 3755 Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore Vetoed HB 896

Page XLVIII

Austell; corporate limits 4369 Avondale Estates; corporate limits 4330 Avondale Estates; mayor and commissioners; terms 5379 Bainbridge; swap of city property for state property 771 Barnesville; mayor; city officers; elections; majority vote 4364 Baxley; city council; elections; terms 4148 Blakely; mayor and council; elections; terms; council posts 4774 Bloomingdale; ad valorem taxes; millage rate; certifications 4568 Blue Ridge; new charter; referendum 3823 Braxton; mayor and council; terms 5368 Bremen; mayor; terms; municipal elections 4278 Bronwood; mayor and council; terms; elections 4699 Byron; clerk, treasurer, and marshal 4855 Calhoun; conveyance of state property 717 Calhoun; conveyance of state property 719 Camilla; mayor and council; terms 5386 Camilla; mayor and council; vacancies 4632 Canton; mayor and council; qualifications; compensation 5238 Cartersville; homestead exemption; referendum 4746 Cartersville; mayor, council, and school board; members; terms; elections; wards; quorums; meetings 4727 Charles; abolished 3865 Clermont; mayor and council; terms 5370 Colbert; mayor and council; terms; elections 4662 Columbus; councilors; terms 3979 Columbus; personnel review board; alternate members 3981 Comer; mayor and council; elections; districts; terms; vacancies 3888 Commerce; Northeast Georgia Surface and Air Transportation Commission 4596 Cordele; city commission; elections; terms; municipal court 3969 Cordele; commission; conflicts of interest 5306 Covington; mayor and council; group insurance 5206 Cuthbert; mayor and aldermen; terms 5390 Cuthbert; mayor and council; elections; terms 4189 Dacula; terms of office 5371 Dalton; hearings and investigations; subpoenas 4182 Dalton; street improvements 5309 Danielsville; mayor and council; terms; elections 4659 Dawson; corporate limits 4686 Dawson; mayor and council; elections 4694 Dawson; mayor and council; terms 5378 Decatur; ad valorem tax deferral for elderly persons 3985 Decatur; city commissioners; terms 5377 Doerun; mayor and council; elections; terms 4401 Douglasville-Douglas County Water and Sewer Authority; members 3976 Dudley; mayor and council; terms; organizational meeting 5399 Duluth; mayor and council; terms 5398 East Dublin; mayor; powers 4566 East Point; city court 5275 East Point; Employees Retirement Plan 5134 East Point; retirement; termination of plan 5228

Page XLIX

Elberton; Northeast Georgia Surface and Air Transportation Commission 4596 Eton; mayor and council; terms 5404 Fitzgerald; mayor and aldermen; elections; terms 4850 Folkston; corporate limits 3625 Fort Valley; city administrator 5196 Franklin-Heard County Water Authority; name changed to Heard County Water Authority 4139 Funston; mayor and council; elections; terms 4635 Gainesville; assistant city manager 5296 Gainesville; city commissioners; terms; election date 3957 Gainesville; city hall 5300 Gainesville; civil service board 5340 Gainesville; Northeast Georgia Surface and Air Transportation Commission 4596 Garden City; ad valorem taxes; millage rate; certifications 4568 Gillsville; city council; organizational meeting; elections; terms of mayor and council 3960 Griffin-Spalding County Charter Commission; creation 3802 Hapeville; terms of office 5363 Hapeville; terms of office 5365 Hiawassee; mayor and council; terms 5373 Hinesville; mayor and council; elections; terms; districts; referendum 4782 Hinesville; mayor; city council; vacancies 4594 Hoboken; municipal offices; terms 5372 Homeland; corporate limits 3627 Homerville; mayor and council; elections; terms; council posts 4777 Ideal; new charter 3778 Ila; mayor and council; terms; elections 4665 Jefferson; Northeast Georgia Surface and Air Transportation Commission 4596 Jesup; corporate limits 4001 Jonesboro; council meetings 5216 Kennesaw; corporate limits 4472 Kingsland; corporate limits 3940 LaGrange; Mountville Water Authority abolished 3910 LaGrange; school superintendent; appointment; term 4216 Lake Park; mayor and council; elections; terms 4123 Lavonia; municipal elections; mayor and council; terms 4551 Lawrenceville; corporate limits 4273 Leslie; mayor and council; terms 5397 Lilburn; corporate limits 3633 Lilburn; mayor and council; elections; terms 3630 Ludowicl; council; election districts 4246 Macon; council; special meetings; notice 5336 Macon; Macon Fire and Police Employee's Retirement System; benefits 5220 Macon; Macon Fire and Police Employee's Retirement System; death benefit 5242 Macon; Macon Pensions and Retirement System; benefits; optional forms of payment 5330 Macon; Macon Pensions and Retirement System; eligibility 5285 Macon; mayor and council; terms 4340 Macon-Bibb County Water and Sewerage Authority; Employees Pension Plan 4202 Madison; Northeast Georgia Surface and Air Transportation Commission 4596

Page L

Manchester; governing authority; name changed to city council 4813 Marietta; board of education; qualifications; vacancies 4588 Marietta; Cobb County-Marietta Water Authority; members; terms; quorum; compensation; fines 4711 Marietta; Downtown Marietta Development Authority; conveyance of state property 59 Marietta; mayor and council; mayor pro tem; municipal court; board of lights and waterworks; probation office 4583 Marietta; mayor and council; qualifications; mayor pro tem; board of lights and waterworks; probation office; fees 4262 Marietta; mayor and council; terms 5381 Marietta; municipal court; fines 5131 Marietta-Cobb County Anti-Drug Commission; creation 4233 Martin; mayor; term 3883 Meigs; mayor and council; terms; organizational meeting 5394 Monroe; Northeast Georgia Surface and Air Transportation Commission 4596 Monroe; Water, Light, and Gas Commission; members; terms 4130 Monticello; employee residency requirements repealed; municipal court; fines 4218 Mountain Park; mayor and councilmen; compensation 4414 Mountville Water Authority abolished; transfer to LaGrange 3910 Newnan; mayor and council; elections; terms 3914 Newnan; mayor and council; terms 5362 Newnan; municipal court; judges; qualifications 5327 Norcross; council; organizational meeting 5359 Norcross; council; terms 4873 Norcross; council; terms 5356 Norcross; elections 5360 Norcross; municipal election dates 5355 Oakwood; council; organizational meeting; election date; mayor and council; terms 4075 Parrot; mayor and council; elections 5403 Patterson; municipal offices; terms 5382 Pelham; mayor and council; elections; terms 4407 Pelham; mayor and council; terms 5402 Perry; ordinances; adoption 4345 Pooler; ad valorem taxes; millage rate; certifications 4568 Port Wentworth; ad valorem taxes; millage rate; certifications 4568 Port Wentworth; corporate limits; referendum 5105 Poulan; municipal elections; mayor and councilmen; terms 4572 Reidsville; council; quorum; voting 5302 Riceboro; corporate limits 4643 Rincon; homestead exemption; referendum 4024 Rincon; mayor and council; terms; elections 4548 Riverdale; appointed officers; city marshal 5250 Rome-Floyd County Commission on Children and Youth; creation 4403 Sale City; mayor and council; elections; terms 4638 Sale City; mayor and council; terms 5388 Sesser; mayor and council; terms; elections; qualifications 4689 Savannah; ad valorem taxes; millage rate; certifictions 4568 Savannah; Chatham-Savannah Authority for the Homeless Act 4701

Page LI

Savannah; mayor and aldermen; elections; terms 3820 Shellman; mayor and council; elections; qualifications; oaths; meetings; mayor pro tempore 3934 Shiloh; homestead exemption; referendum 4084 Smyrna; Downtown Smyrna Development Authority; creation 4382 Smyrna; homestead exemption; referendum 3878 Smyrna; homestead exemption; referendum 4896 Smyrna; mayor and council; election days; terms 5385 Snellville; corporate limits 4990 Sparks; mayor and council; elections; terms 4018 Springfield; easement across state property 754 St. Marys; board of pilotage commissioners; powers 451 St. Marys; mayor and council; vacancies 4646 Stone Mountain; corporate limits; deannexation 3619 Sugar Hill; mayor and council; terms; election dates 5395 Sumner; municipal elections; mayor and council; terms 4554 Swainsboro; municipal election date; council posts; mayor and council; terms 4591 Thomson; mayor and council; terms 5375 Thunderbolt; ad valorem taxes; millage rate; certifications 4568 Thunderbolt; corporate limits 4054 Tifton; city commission; chairman and vice-chairman; terms 4073 Tifton; city commission; compensation 5260 Toccoa; city commissioners; elections; terms 3928 Toccoa; corporate limits 4523 Toccoa; mayor; vice-mayor; commissioners; compensation 5293 Toccoa; purchases 5289 Tybee Island; ad valorem taxes; millage rate; certifications 4568 Tyrone; mayor and council; qualifications 4065 Unadilla; corporate limits; taxes 4027 Unadilla Arena and Tourism Authority; creation 4434 Union City; ordinances; introduction 5203 Vernonburg; ad valorem taxes; millage rate; certifications 4568 Villa Rica; mayor and council; elections; terms; wards 4425 Warner Robins; delinquent water bills 5265 Waycross; charter revised and restated 4916 Waycross; mayor and commission; eligibility; powers; corporate limits 3501 Waycross; municipal court; bonds 5322 Winder; easement across state property 722 Winder; Northeast Georgia Surface and Air Transportation Commission 4596 Young Harris; mayor and council; compensation; expenses 5210 Young Harris; mayor and council; organizational meeting 5352 MUNICIPALITIES BY POPULATION 100,000 or more; removal of improperly parked cars and trespassing personal property 1230

Page LII

480,000-580,000, counties of; annexation by municipalities 153 MUNICIPALITIESHOME RULE AMENDMENTS Albany; sanitary sewer costs 5246 Alpharetta; contracts; bids; exceptions 5256 Alpharetta; mayor; council; municipal judge; compensation 5224 Augusta; pension and retirement funds; investments 5268 Canton; mayor and council; qualifications; compensation 5238 Cordele; commission; conflicts of interest 5306 Covington; mayor and council; group insurance 5206 Dalton; street improvements 5309 East Point; city court 5275 East Point; Employees Retirement Plan 5134 East Point; retirement; termination of plan 5228 Fort Valley; city administrator 5196 Gainesville; assistant city manager 5296 Gainesville; city hall 5300 Gainesville; civil service board 5340 Jonesboro; council meetings 5216 Macon; council; special meetings; notice 5336 Macon; Macon Fire and Police Employee's Retirement System; benefits 5220 Macon; Macon Fire and Police Employee's Retirement System; death benefit 5242 Macon; Macon Pensions and Retirement System; benefits; optional forms of payment 5330 Macon; Macon Pensions and Retirement System; eligibility 5285 Marietta; municipal court; fines 5131 Newnan; municipal court; judges; qualifications 5327 Reidsville; council; quorum; voting 5302 Riverdale; appointed officers; city marshal 5250 Tifton; city commission; compensation 5280 Toccoa; mayor; vice-mayor; commissioners; compensation 5293 Toccoa; purchases 5289 Union City; ordinances; introduction 5203 Warner Robins; delinquent water bills 5265 Waycross; municipal court; bonds 5322 Young Harris; mayor and council; compensation; expenses 5210 MUNICIPALITIES-ELECTIONS; TERMS; ORDINANCES Albany; board of commissioners; organizational meeting 5351 Andersonville; municipal offices; terms 5384 Athens; mayor and council; organizational meeting 5366 Avondale Estates; mayor and commissioners; terms 5379 Broxton; mayor and council; terms 5368 Camilla; mayor and council; terms 5386 Clermont; mayor and council; terms 5370 Cuthbert; mayor and aldermen; terms 5390 Dacula; terms of office 5371 Dawson; mayor and council; terms 5378

Page LIII

Decatur; city commissioners; terms 5377 Dudley; mayor and council; terms; organizational meeting 5399 Duluth; mayor and council; terms 5398 Eton; mayor and council; terms 5404 Hapeville; terms of office 5363 Hapeville; terms of office 5365 Hiawassee; mayor and council; terms 5373 Hoboken; municipal offices; terms 5372 Leslie; mayor and council; terms 5397 Marietta; mayor and council; terms 5381 Meigs; mayor and council; terms; organizational meeting 5394 Newnan; mayor and council; terms 5362 Norcross; council; organizational meeting 5359 Norcross; council; terms 5356 Norcross; elections 5360 Norcross; municipal election dates 5355 Parrott; mayor and council; elections 5403 Patterson; municipal offices; terms 5382 Pelham; mayor and council; terms 5402 Sale City; mayor and council; terms 5388 Smyrna; mayor and council; election days; terms 5385 Sugar Hill; mayor and council; terms; election dates 5395 Thomson; mayor and council; terms 5375 Young Harris; mayor and council; organizational meeting 5352 RESOLUTIONS AUTHORIZING COMPENSATION Aaron E. Boutwell 736 Charles W. England 706 Frances and Bob Hancock 704 G. Douglas Fuller and Alice K. Fuller 726 Marvrick Long 725 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS Bainbridge; swap of city property for state property 771 Calhoun; conveyance of state property 717 Calhoun; conveyance of state property 719 Cave Spring; conveyance of state property in Floyd County 751 City of Springfield and Chatham County; easements across state property in Effingham County and Chatham County 754 Clayton County; exchange of state owned property for county owned property 764 Development Authority of Chatham County and Union Camp Corporation; easement across state property in the Savannah River, Chatham County 741 Downtown Marietta Development Authority; conveyance of state property 59 Franklin D. Roosevelt State Park and Mrs. Brenda H. Stubbs; property boundaries established and accepted 713 Fulton County; conveyance of state property in county authorized 751

Page LIV

Georgia Federation of Colored Women's Clubs, Inc.; conveyance of state property in Bibb County 730 Georgia Power Company; easement through state owned property in Monroe County 776 Jackson Electric Membership Corporation; easement through state owned property in Gwinnett County 747 Oglethorpe Power Corporation and Altamaha Electric Membership Corporation; easement across state property in Tattnall County 760 P. C. Towers, L. P.; conveyance of state owned property in the City of Atlanta 768 Richmond County Development Authority; conveyance of state property 700 Southern Bell Telephone and Telegraph Company; easement across state property in Burke County 773 Southern Bell Telephone and Telegraph Company; easement through state owned property in Taliaferro County 776 State of Virginia, Wilkinson County Telephone Company, and Oconee Electric Membership Corporation; easements through state owned property in Wilkinson County 737 Sumter County; conveyance of state owned property 781 Union Camp Corporation and The Branigar Organization, Inc.; exchange of state owned property in Chatham County 1172 United States Army Corps of Engineers; lease of state property in Douglas County 1168 White County; conveyance of state property in White County authorized 708 Winder; easement across state property 722 MISCELLANEOUS RESOLUTIONS A. T. Land, Sr., Highway; designated 701 Access to Health Care Commission; creation 1749 Battle Smith Bridge; designated 763 Clarks Hill Lake, Reservoir, and Area; designation 710 Creek Indian Trail Scenic Highway; designated 705 Ellis Hale Training and Treatment Center for Adolescents; designated 734 Floy Farr Parkway; designated 715 George S. Lee Causeway; designated 729 Joel Cowan Parkway; designated 716 Joel Cowan Parkway; designated 1167 Joint Evidence Study Committee; creation 697 Joint Health Care Personnel Supply and Planning Study Committee; creation 731 Juliette Gordon Low Highway; designated 711 Lightwood Knot Bridge; designated 703 Mildred Knight Prevocational Center for the Developmentally Disabled; designated 734 Peach Parkway; designated 707 Romeo Diprima Center; designated 734 Thomas Humphrey Highway; designated 735 U. S. 441 Business Historic Route; designated 727 William A. Ridley Bridge; designated 746

Page LV

INDEX A A. T. LAND, SR., HIGHWAY Designated 701 ABANDONMENT Reckless abandonment of a child 1605 Suspension of sentences 381 ABUSIVE LITIGATION Frivolous actions and defenses; costs and attorneys' fees 437 Torts 408 ACCESS TO HEALTH CARE COMMISSION Creation 1749 ACCOUNTANTS Examinations; temporary certificates; foreign certificates, licenses, or degrees; continuing education 1098 ACTS Authorities created by local constitutional amendments; name changes 47 Georgia Laws; distribution; Secretary of State; duties 1129 Local laws; referendums; county surveyors 919 ACWORTH, CITY OF New charter 3512 AD VALOREM TAXES Equalized adjusted school property tax digest 597 Rehabilitated historic property; preferential classification and assessment 1585 State grants to local school systems; tax bills 808 Time-share programs 321 ADMINISTRATIVE PROCEDURE Commissioner of Insurance; rules 681

Page LVI

ADMINISTRATIVE SERVICES, DEPARTMENT OF State property inventory 468 ADVERTISEMENTS Direct response advertising; insurance; unfair trade practices 888 Food; misleading advertisements 260 Great Seal of the State of Georgia; use or display 1122 Legal organs; notification of Secretary of State 1248 Rates for legal advertisements 325 AGRICULTURE Baited fields; hunting; signs 469 Code revision 14 Farm labor camps or facilities for migrant farm workers 317 Farm trailers and semitrailers; implements of husbandry; lights; escort vehicles; slow-moving vehicle emblems 298 Food fish; domestic farm products; exemption from game and fish laws 1207 Food fish; regulation by Department of Agriculture; exemption from game and fish laws 1579 Food; sale and use taxes 62 Georgia Agricultural Commodity Commission for Peanuts 1420 Georgia Agrirama Development Authority 1641 Georgia Aquaculture Development Act; enactment 284 Georgia Food Act; misleading advertisements 260 Georgia Meat Inspection Act; inspection of facilities and meat; exemptions; rabbits 335 Georgia Plant Food Act of 1989; enactment 473 Inspection warrants 390 Irrigation systems 14 Limitation of liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases 502 Livestock; rendering and disposal plants; collection centers; licensing and inspection 1414 Motor vehicles and trailers hauling commodities, produce, or livestock; length Vetoed HB 464 Motor vehicles and trailers hauling live poultry; length Vetoed HB 473 Rural economic development 1317 Soil and water conservation districts 1317 AIDS Failure of property owner to disclose; sales of property; actions 1633

Page LVII

ALBANY, CITY OF Board of commissioners; organizational meeting 5351 Homestead exemption; referendum 4062 Joint County-Municipal Board of Registration and Elections; membership; chairperson; terms; powers 4079 Mayor and commissioners; elections; terms; referendum 4802 Sanitary sewer costs 5246 ALCOHOLIC BEVERAGES Alcoholics and intoxicated persons; treatment; effective date of law 501 Distilled spirits; retail dealer licenses; notices 881 Driving a commercial motor vehicle while under the influence 519 Flying under the influence of alcohol or drugs 276 Liability for acts of intoxicated persons; cross-reference correction 301 Persons under 21; proper identification; traffic citations excluded 1227 Sunday sales in counties of 160,000 or more and municipalities therein 1487 ALCOVY JUDICIAL CIRCUIT Judges; salary supplement 4118 ALIENS Administrators or executors of estates 914 ALPHARETTA, CITY OF Contracts; bids; exceptions 5256 Mayor; council; municipal judge; compensation 5224 Municipal court; fines 3918 ALTAMAHA ELECTRIC MEMBERSHIP CORPORATION AND OGLETHORPE POWER CORPORATION Easement across state property in Tattnall County 760 AMATEUR ATHLETIC CONTESTS Sports officials; liability 1603 AMBULANCES Ambulance service medical directors; base station facilities 1782 AMUSEMENT RIDE SAFETY ACT Governor's Employment and Training Council; duties 443

Page LVIII

ANABOLIC STEROIDS Possession; distribution 238 ANDERSONVILLE, CITY OF Municipal offices; terms 5384 ANIMALS Dangerous Dog Control Law; design of warning sign 1552 Dogs; dangerous dogs; definitions; notices; registration certificates; local ordinances; liability 159 Livestock; rendering and disposal plants and collection centers; licensing and inspection 1414 Motor vehicles and trailers hauling live poultry; length Vetoed HB 473 Motor vehicles and trailers hauling livestock; length Vetoed HB 464 APPROPRIATIONS Department of Medical Assistance; supplemental for S.F.Y. 1988-89 41 S.F.Y. 1988-89; state employees' health insurance Vetoed HB 381 S.F.Y. 1989-90 1492 Supplemental; Department of Labor 268 Supplemental for S.F.Y. 1988-89 81 AQUACULTURE Food fish; domestic farm products; exemption from game and fish laws 1207 Georgia Aquaculture Development Act; enactment 284 AREA PLANNING AND DEVELOPMENT COMMISSIONS Regional development centers 1317 ARRAIGNMENT Notice of date 223 ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE ACT Enactments; impact assessments of legislative proposals 492 ATHENS, CITY OF Athens-Clarke County Anti-Drug Commission; creation 4792 Mayor and council; organizational meeting 5366 Northeast Georgia Surface and Air Transportation Commission 4596 Redevelopment powers; referendum 4021

Page LIX

ATHENS-CLARKE COUNTY ANTI-DRUG COMMISSION Creation 4792 ATHLETE AGENTS Registration; contracts; penalties; bonds; notices; signing contracts prior to termination of athlete's eligibility 370 ATHLETIC TRAINERS Licenses; reciprocity; expiration; continuing education; Georgia Board of Athletic Trainers; termination date 454 ATHLETICS Georgia State Games Commission; Olympic training centers 1786 Metropolitan Atlanta Olympic Games Authority 5078 Sports officials; amateur athletic contests; liability 1603 ATLANTA, CITY OF Homestead exemption; Atlanta and Atlanta School District taxes; referendum 4229 Metropolitan Atlanta Olympic Games Authority; creation 5078 Metropolitan Atlanta Rapid Transit Authority; operating costs; interest; investments 4313 Municipal court; State Court of Fulton County; costs; fees 3894 Urban enterprise zones 4101 Urban enterprise zones; rehabilitation 4342 Urban enterprise zones; zones for residential purposes 4104 ATLANTA JUDICIAL CIRCUIT Additional judge 203 ATLANTIC JUDICIAL CIRCUIT Additional judge 188 ATTORNEYS Abusive litigation 408 Frivolous actions and defenses; costs and attorneys' fees 437 Searches of law offices; procedure 1687 AUBURN, CITY OF New charter 5011

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AUCTIONEERS Qualifications; bonds; insurance companies or financial institutions; revocation or suspension of licenses; escrow or trust accounts; government auctions 1409 AUGUSTA, CITY OF Augusta Canal Authority; creation 4750 Augusta Ports Authority; projects; powers 4087 Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore Vetoed HB 896 Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore 3755 Pension and retirement funds; investments 5268 AUGUSTA CANAL AUTHORITY Creation 4750 AUGUSTA PORTS AUTHORITY Projects; powers 4087 AUSTELL, CITY OF Corporate limits 4369 AUTHORITIES Authorities created by local constitutional amendments; name changes 47 Local independent authorities; annual report of indebtedness 908 AVIATION Flying under the influence of alcohol or drugs 276 Georgia Aviation Hall of Fame; creation 1682 Jet turbine fuel; underground storage tanks 256 AVONDALE ESTATES, CITY OF Corporate limits 4330 Mayor and commissioners; terms 5379 B BACON COUNTY Board of commissioners; compensation; per diem; vice chairman; employees; voting; bids 4158

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Sheriff; secretaries and jailers; chief deputy; investigator; compensation 4167 BAD CHECKS Foreclosures on personalty 803 Liens on property paid for with bad checks 805 Multiple checks; printing fictitious checks 1570 BAIL Bail jumping; notices; bench warrants; failure to appear; accusations 623 Deposit of chauffeur's or driver's license in lieu of bail 448 Offenses bailable only before a judge of the superior court; procedure; hearings 1714 BAINBRIDGE, CITY OF Swap of city property for state property 771 BAKER COUNTY Board of commissioners; clerk 4354 BALDWIN COUNTY Coroner; annual salary in lieu of fees; budget 3776 Probate court; judge; compensation; fees; personnel; budget 3769 Sheriff; compensation 3767 State court; judge; solicitor; compensation; full-time positions 4199 Tax commissioner; compensation 3774 BANKING AND FINANCE Auctions 1409 Bad checks; foreclosures on personalty 803 Bad checks; liens on property paid for with bad checks 805 Bad checks; multiple checks; printing fictitious checks 1570 Code revision 14 Commercial paper; statement of reason for dishonor 807 Commissioner of banking and finance; vacancies; deputy commissioners; oaths 1211 Credit Union Deposit Insurance Corporation; bylaws; membership fees; liquidation 1690 Credit unions; Joint Municipal Employees Benefit System 611 Department of Banking and Finance; criminal proceedings and investigations; currency transactions; forfeiture 1211 Financial institutions; amendments to conform to revision of Georgia Business Corporation Code 946

Page LXII

Financial institutions; competition; unfair or deceptive practices; operational powers; real property; investments; use of information 1249 Financial institutions; disclosure; letters of credit; dormant or unclaimed deposit accounts; third-party claims; notices 1211 Financial institutions; minimum capital; directors; audits; credit union shareholders meetings; credit union powers and directors 1211 Financial institutions; procedures for incorporation, obtaining a name, and amending articles of incorporation; filing with the Department of Banking and Finance rather than the Secretary of State 1257 Georgia business development corporations 1641 International banking organizations 1211 Small minority business development corporations 1641 BANKS COUNTY Northeast Georgia Surface and Air Transportation Commission 4596 BARNESVILLE, CITY OF Mayor; city officers; elections; majority vote 4364 BARROW COUNTY Barrow County Airport Authority; members; chairman; terms; vacancies; quorum 3764 Barrow County Water and Sewerage Authority; membership 4544 Northeast Georgia Surface and Air Transportation Commission 4596 BARROW COUNTY AIRPORT AUTHORITY Members; chairman; terms; vacancies; quorum 3764 BARROW COUNTY WATER AND SEWERAGE AUTHORITY Membership 4544 BARTOW COUNTY Board of elections; creation 4721 Commissioner; compensation 4737 Enhanced emergency telephone number 911 systems; fees 4128 Magistrate court; chief magistrate; compensation 4743 Sheriff; clerk of the superior court; judge of the probate court; compensation 4740 Superior court; additional judge 205 Tax commissioner; compensation 4734 BATTLE SMITH BRIDGE Designated 763

Page LXIII

BAXLEY, CITY OF City council; elections; terms 4148 BEN HILL COUNTY Coroner placed on salary; deputy coroner 4465 BIBB COUNTY District attorney; salary supplement 4009 Macon-Bibb County Water and Sewerage Authority; Employees Pension Plan 4202 Middle Georgia Coliseum Authority; bonds 4006 Superior court; judges; supplements; senior judges 4286 BICYCLES Repair or service; liens 1489 BIRTHDATE Giving false birthdate to law enforcement officer 224 BLAKELY, CITY OF Mayor and council; elections; terms; council posts 4774 BLASTING Blasting or excavating near underground gas pipes or utility facilities; revocation of professional or occupational licenses, certificates, or registrations 495 BLECKLEY COUNTY Tax commissioner; compensation 3885 BLOOMINGDALE, CITY OF Ad valorem taxes; millage rate; certifications 4568 BLUE RIDGE, CITY OF New charter; referendum 3823 BLUE RIDGE JUDICIAL CIRCUIT Judges; salary supplement 4192

Page LXIV

BOARD OF REGENTS Charitable contributions by employees 878 Olympic training centers 1786 BOATS Abandoned vessels 613 Discharge of sewage from vessels constructed on or before January 1, 1978, into Lake Sidney Lanier 656 Georgia Boat Safety Act; sailboards; exemption 230 BODIES Dead bodies and bodily parts unlawfully removed from grave 360 BOILER AND PRESSURE VESSEL SAFETY ACT Code revision 14 Governor's Employment and Training Council; creation; duties 443 Liquefied petroleum gas 465 BONDS Bonds or recognizances; forfeiture 556 Public works contracts 461 Public works contracts 278 Street improvement bonds; interest rate 1078 BOUTWELL, AARON E. Compensation 736 BOXING State Boxing and Wrestling Commission; creation Vetoed HB 15 State Boxing Commission; termination date 840 BRANIGAR ORGANIZATION, INC., THE Exchange of state owned property in Chatham County 1172 BRANTLEY COUNTY Board of education; compensation 4126 BREMEN, CITY OF Mayor; terms; municipal elections 4278

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BRENDA H. STUBBS Property boundaries established and accepted 713 BRONWOOD, TOWN OF Mayor and council; terms; elections 4699 BROOKS COUNTY Board of commissioners; compensation 3938 BROXTON, CITY OF Mayor and council; terms 5368 BRYAN COUNTY Board of commissioners; compensation 4860 BUILDINGS AND HOUSING Bonds; qualified housing projects 165 Code revision 14 Drug crimes; repair, closing, or demolition of buildings and structures 1161 Elevators, dumbwaiters, escalators, manlifts, and moving walks; Governor's Employment and Training Council; duties 443 Georgia Relocation Assistance and Land Acquisition Policy Act of 1973; conformity with federal law; replacement housing 213 Georgia Residential Finance Authority; findings; residential care facilities; bonds; state housing goal reports 792 Housing authorities in cities of 400,000 or more; resident commissioners; quorum 1241 Public housing; fraudulently obtaining 1242 State minimum standard codes; application; enforcement by counties and municipalities; inspectors; training programs; manufactured homes 1659 State Office of Housing; state housing goal reports 792 State-wide and regional planning and development 1317 BULLOCH COUNTY Coroner; expenses 3622 Judge of the probate court; sheriff; clerk of the superior court; tax commissioner; compensation; personnel 4767 State court; judge; solicitor; compensation 4640 Tax commissioner; compensation 4351 BUSINESS OPPORTUNITIES Sale; definition 218

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BUTTS COUNTY Tax commissioner; salary supplement 4789 BYRON, CITY OF Clerk, treasurer, and marshal 4855 C CALHOUN, CITY OF Conveyance of state property 719 Conveyance of state property 717 CAMILLA, CITY OF Mayor and council; terms 5386 Mayor and council; vacancies 4632 CANTON, CITY OF Mayor and council; qualifications; compensation 5238 CARNIVAL RIDE SAFETY ACT Governor's Employment and Training Council; duties 443 CARROLL COUNTY Board of commissioners; creation 3546 Clerk of the superior court; compensation 4154 Enhanced emergency telephone number 911 systems; fees 4542 State court; judge; compensation 4156 Superior court; judges; salary supplement 3859 CARTERSVILLE, CITY OF Homestead exemption; referendum 4746 Mayor, council, and school board; members; terms; elections; wards; quorums; meetings 4727 CATOOSA COUNTY Board of utilities commissioners; selection 4186 Catoosa County Water and Sewer District changed to Catoosa Utility District 3967 Judge of the probate court; clerk of the superior court; clerical help 3904 Probation officers; county supplements 4032 Tax commissioner; clerical help 3907

Page LXVII

CAVE SPRING, CITY OF Conveyance of state property in Floyd County authorized 751 CERTIFICATES OF NEED Hospitals; remodeling, renovation, and replacement projects 393 Kidney disease treatment centers; dialysis 1685 Planning and development 1317 Traumatic brain injury; facilities; definitions 1566 CHARLES, CITY OF Abolished; charter repealed 3865 CHATHAM COUNTY Ad valorem taxes; millage rate; certifications 4568 Board of education; ad valorem taxes 4568 Chatham-Savannah Authority for the Homeless Act 4701 Development Authority of Chatham County and Union Camp Corporation; easement 741 Easement across state property 754 Officials; compensation 4221 State court; costs and fees 3876 Superior court; additional judge 196 CHATHAM-SAVANNAH AUTHORITY FOR THE HOMELESS ACT Enactment 4701 CHATTAHOOCHEE COUNTY Board of commissioners; compensation 3508 Superior court; additional judge 200 CHATTOOGA COUNTY Probation officers; county supplement 4032 CHEROKEE COUNTY Board of commissioners; creation; referendum 4295 Board of education; per diem compensation 4057 Sheriff; clerk of the superior court; tax commissioner; judge of the probate court; compensation 4097 Superior court; judges; salary supplement 4192

Page LXVIII

CHEROKEE JUDICIAL CIRCUIT Additional judge 205 CHILDREN Abandonment; reckless abandonment of a child 1605 Abandonment; suspension of sentences 381 Child and spousal support; enforcement; guidelines; income deduction orders; wage assignments; insurance 861 Child support; probation departments and supervisors not to collect 380 Competency to testify in criminal cases 1639 Day-care centers; local church ministry; religious schools or organizations; commissions; fire safety 1795 Designated felony acts; confinement periods 46 Detention of juveniles; basic principles 838 Detention of juveniles; places 1716 Education of children or youth in custody of Department of Corrections or Department of Human Resources 1693 Guardians; powers; torts; releases; value of property 1155 Juvenile courts; places of detention of a child 1716 Legitimation; establishment of duty of father to support 441 Reckless abandonment of a child 1605 CHIROPRACTORS Profits from sale of vitamins, minerals, and food supplements 460 CHURCHES Occupant loads; fire safety 918 CIVIL PRACTICE Abusive litigation; frivolous actions and defenses 437 Abusive litigation; torts 408 Actions against the Department of Human Resources, the Board of Human Resources, or the commissioner of human resources; service 497 Civil jury trials; alternate jurors 243 Class actions; amendment to conform to revision of Georgia Business Corporation Code 946 County organs; notification of Secretary of State 1248 Criminal history records as evidence 1080 Frivolous actions and defenses; costs and attorneys' fees 437 Legal advertisements; rates 325 Liability or casualty insurance; information furnished to claimants upon request 676 Medical malpractice; statute of limitations; affidavits 419 Removal of improperly parked cars and trespassing personal property; actions; liens; damages 1230

Page LXIX

Renewal of civil actions after dismissal; court costs 419 Service of process on the Secretary of State 364 Sports officials; amateur athletic contests 1603 Statute of limitations; medical malpractice 419 CLARKE COUNTY Athens-Clarke County Anti-Drug Commission; creation 4792 Clarke County Airport Authority; members; initial appointments; terms 5111 Classic Center Authority for Clarke County; membership 4867 Northeast Georgia Surface and Air Transportation Commission 4596 Probate court; chief clerk; compensation 4858 CLARKE COUNTY AIRPORT AUTHORITY Members; initial appointments; terms 5111 CLARKS HILL LAKE, RESERVOIR, AND AREA Designation 710 CLASSIC CENTER AUTHORITY FOR CLARKE COUNTY Membership 4867 CLAYTON COUNTY Board of commissioners; compensation; final report and audit 4051 Board of education; school superintendent; elections; referendum 4905 Clayton County Commission on Children and Youth; creation 4891 Clayton County Pension Fund; benefits; contributions; actuarial review 5116 District attorney; salary supplement 4037 Exchange of state owned property for county owned property 764 Probate court; judge; compensation 4146 Redevelopment powers; referendum 4818 Sheriff; clerk of the superior court; deputy clerk; compensation 4048 State court; judge; solicitor; deputy clerk; compensation 4042 State probation officers and probation personnel; compensation; supplements 4144 Superior court; judges; salary supplement 4039 Tax commissioner; deputy tax commissioner; compensation 4045 CLAYTON JUDICIAL CIRCUIT District attorney; salary supplement 4037 Judges; salary supplement 4039 State probation officers and probation personnel; compensation; supplements 4144

Page LXX

CLERKS OF SUPERIOR COURTS Actions in rem; notices; liens 438 Deeds to secure debt; recording 859 Fees 14 Fees 498 Fees 931 Fees 946 Filing certificates of guardianships of property of incapacitated adults 571 Notices; selection of boards, authorities, or entities by grand juries 310 Qualification of candidates; affidavits 1091 Records, books, dockets, and indices; fees 395 Salary; longevity increases 801 CLERMONT, TOWN OF Mayor and council; terms 5370 COASTAL MARSHLANDS PROTECTION ACT OF 1970 Lease of state owned marshland and water bottoms for marinas; private docks 574 COBB COUNTY Board of commissioners; compensation 4418 Board of commissioners; county purchases 4422 Civil Service Board; membership; officers; meetings; positions 3869 Cobb County Commission on Children and Youth; date of abolition 4311 Cobb County Community Improvement Districts; definitions; creation; board; annexation 4256 Cobb County-Marietta Water Authority; members; terms; quorum; compensation; fines 4711 District attorney, chief assistant, and assistants; compensation 4821 Juvenile court; judge; compensation 4839 Marietta-Cobb County Anti-Drug Commission creation 4233 Probate court; judge and clerk; compensation 4772 Redevelopment powers; referendum 4266 Sheriff; chief deputy sheriff; chief investigator; executive secretary; compensation; title of executive secretary changed to executive assistant 4135 State court; chief judge; judges; compensation 4208 State court; clerk; chief deputy clerk; compensation 4205 State court; costs 5003 State court; second division; judges; compensation 3752 State court; solicitor; election; terms; duties; personnel 4224 Superior court; clerk and deputy clerk; compensation 4836 Superior court; court administrator 3799 Superior court; judges; salary supplements 4834 Tax commissioner, chief clerk, and executive secretary; compensation 4015

Page LXXI

COBB COUNTY COMMUNITY IMPROVEMENT DISTRICTS Definitions; creation; board; annexation 4256 COBB COUNTY-MARIETTA WATER AUTHORITY Members; terms; quorum; compensation; fines 4711 COBB JUDICIAL CIRCUIT Court administrator 3799 District attorney, chief assistant, and assistants; compensation 4821 Judges; salary supplements 4834 COLBERT, CITY OF Mayor and council; terms; elections 4662 COLQUITT COUNTY Enhanced emergency telephone number 911 system; fees 4816 COLUMBUS, GEORGIA, CONSOLIDATED GOVERNMENT OF Councilors; terms 3979 Personnel review board; alternate members 3981 COMER, CITY OF Mayor and council; elections; districts; terms; vacancies 3888 COMMERCE, CITY OF Northeast Georgia Surface and Air Transportation Commission 4596 COMMERCE AND TRADE Bad checks; foreclosures on personalty 803 Bad checks; liens on merchandise paid for with bad checks 805 Bad checks; multiple checks; fictitious checks 1570 Code revision 14 Fair Business Practices Act of 1975; going out of business sales 560 Fair Business Practices Act of 1975; health spas; contracts; requirements; cancellation; refunds 1606 Geo. L. Smith II Georgia World Congress Center Authority 1641 Geo. L. Smith II Georgia World Congress Center Authority; stadium; cost of project; bonds; fees, rentals, and charges; tax exemption; approval of leases; state funds 1195 Going out of business sales 560

Page LXXII

Handicapped Parking Law; nonambulatory permanently handicapped persons 572 Job tax credit; income taxes; less developed areas 905 Livestock; rendering and disposal plants and collection centers 1414 Misleading advertisements of food 260 Multiline heavy equipment dealers and suppliers; regulation 1771 Sales of business opportunities; definition 218 Seed Capital Fund; creation 1674 Trade names 931 Trade secrets; definition; contractual rights 569 Unfair trade practices; insurance; direct response advertising 888 Window tinting on motor vehicles 896 COMMERCIAL CODE Commercial paper; statement of reason for dishonor 807 COMMUNITY AFFAIRS, COMMISSIONER OF Job tax credit; income taxes; less developed areas 905 COMMUNITY AFFAIRS, DEPARTMENT OF Local independent authorities; annual report of indebtedness 908 CONDITIONED AIR CONTRACTING Examinations; review courses 1617 CONGENITAL ADRENAL HYPERPLASIA Mental retardation; prevention 369 CONSERVATION AND NATURAL RESOURCES Clarks Hill Lake, Reservoir, and Area; designation 710 Code revision 14 Department of Industry, Trade, and Tourism 1641 Department of Natural Resources; projects; marinas; counties 274 Erosion and Sedimentation Act of 1975; land-disturbing activity; rules; minimum requirements for ordinances; bonds; costs; permits; notices 1295 Franklin D. Roosevelt State Park; property boundaries established and accepted 713 Georgia Environmental Facilities Authority; assistance to local governments for solid waste facilities; fees 1289 Georgia Hazardous Waste Management Act; hazardous waste facility permits; notices of applications 240 Georgia Hazardous Waste Management Authority 1641 Georgia Hazardous Waste Management Authority; state employees' health insurance plan; coverage 490

Page LXXIII

Georgia Register of Historic Places 1598 Georgia Underground Storage Tank Act; jet turbine fuel tanks; corrective action for releases 256 Georgia Water Quality Control Act; low phosphorus household laundry detergents 319 Georgia Water Quality Control Act; publicly owned treatment works; spills; notices; monitoring 280 Georgia Water Supply Act; enactment; water supply reservoirs 1304 Lake Sidney Lanier; discharge of sewage from vessels constructed on or before January 1, 1978 656 Limitation of liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases 502 Marinas; private docks; lease of state owned marshlands and water bottoms 574 Metropolitan River Protection Act; Georgia Scenic Trails System 1317 Motor vehicle emissions inspection stickers; replacement when windshield is replaced 1404 Pine straw; harvesting and sale; certificates; penalties; orders 386 Registered foresters; examinations; education 352 Sanitary landfills and operators 144 Solid Waste Management Act; private solid waste disposal sites in counties of more than 350,000; permits; sites within two miles of county line 513 State parks, historic sites, and recreational areas; disabled veterans; fees 517 State-wide planning and development; powers and duties of Department of Natural Resources 1317 CONSTITUTION OF THE STATE OF GEORGIA Authorities created by local constitutional amendments; name changes 47 CONTRACTS Athlete agents 370 Code revision 14 Health spas; requirements; cancellation; refunds 1606 Public works contracts; bids 356 Public works contracts; bonds; total contract price under $40,000.00 1794 Public works contracts; cash or checks in lieu of payment bonds; security deposits; actions 461 Public works contracts; letters of credit in lieu of bonds 278 State, county, and municipal road systems; negotiated contracts; county public works contracts; bids 356 State contracts; approval; exemption of contracts approved by the State Board of Technical and Adult Education 603 Trade secrets 569 Utility contractors; bids; licensing 1756 Vehicle service agreements; extended warranty agreements; regulation 680

Page LXXIV

COOK COUNTY Motor vehicle registration periods 4271 CORDELE, CITY OF City commission; elections; terms; municipal court 3969 Commission; conflicts of interest 5306 CORONERS Post-mortem examinations; embalming; taking and examining specimens and articles; blood tests 829 Qualification of candidates; affidavits 1091 Reports; fees; peace officers 417 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Corporate net worth tax; due date 1118 Corporations; rights and options to purchase shares; warrants; corporate takeovers 43 Filing of documents, registrations, and reports with the Secretary of State 1027 Financial institutions; filing with the Department of Banking and Finance rather than the Secretary of State; incorporation 1257 Georgia Business Corporation Code; revision; conforming amendments in other Code sections 946 Georgia Nonprofit Corporation Code; amendments to conform to revision of Georgia Business Corporation Code 946 Georgia Professional Corporation Act; amendments to conform to revision of Georgia Business Corporation Code 946 Georgia Revised Uniform Limited Partnership Act; revision; names; registered offices and agents; certificates; mergers; registration; records; distributions; withdrawal; dissolution; trade names 931 Insurable interests; personal insurance 1109 Partnerships; statements of partnership; presumptions; property; dissolutipn; agreements to continue business; title to real property 927 Professional corporations; sole shareholders; loss of income benefits under the Georgia Motor Vehicle Accident Reparations Act 841 Secretary of State corporations; amendments to conform to revision of Georgia Business Corporation Code 946 COUNCIL OF PROBATE COURT JUDGES OF GEORGIA Contracts for educational material 1247 COUNTIES Authorities; annual report of indebtedness 908 Board of education; qualifications of members 425

Page LXXV

Boards, authorities, or entities selected by grand juries; notices 310 Boards of elections in counties of more than 500,000; Act repealed 179 Bonds; Georgia Allocation System 165 Chief magistrates; minimum compensation 426 Clerks of superior court; judges of probate court; sheriffs, tax commissioners, and collectors; salary; longevity increases 801 Counties of 160,000 or more; Sunday sales of alcoholic beverages 1487 County boards of education; group medical and dental insurance for members 685 County boards of health; compensation 312 County officers; qualification of candidates; affidavits 1091 County officers; residency requirement 596 County organs; notification of Secretary of State by judge of the probate court 1248 County road systems; negotiated contracts 356 County school superintendents; qualification of candidates; affidavits 1091 County surveyors; appointment or election 919 Dangerous dogs; warning signs 1552 Dangerous dogs; local ordinances; registration 159 Deferred compensation plans 313 Drug crimes; buildings or structures in which committed; powers 1161 Elected county officers and personnel thereof; insurance; retirement and pensions 1284 Erosion and Sedimentation Act of 1975; ordinances; minimum standards; enforcement 1295 Family violence centers; grants 1108 Fire departments; emergency powers; bomb threats 271 Firemen; emergency medical technicians; public safety officers; hepatitis B vaccinations; costs 1780 Hazardous waste facility permits; notices 240 Historic preservation ordinances 1160 Hospital authorities; open records 553 Insurance taxes and fees; use of proceeds; tax reduction; budgets; special districts 1151 Jail Construction and Staffing Act 1753 Jails; regional Vetoed HB 576 Joint Municipal Employees Benefit System; employers; credit unions 611 License, occupation, and professional taxes; exemption; marriage and family therapists 890 Low phosphorus household laundry detergents; sale 319 Planning and development 1317 Police chiefs; training 1637 Private solid waste disposal sites in counties of more than 350,000; permits; sites within two miles of county line 513 Public works contracts; bids 356 Public works contracts; bonds; contracts under $40,000.00 1794 Public works contracts; letters of credit in lieu of bonds 278 Public works contracts; payment bonds; security deposits; actions; time limits 461 Redevelopment Powers Law; taxable value redefined 1398

Page LXXVI

Regional jails Vetoed HB 576 Rewards in felony cases 290 Solid waste facilities; Georgia Environmental Facilities Authority; assistance; fees 1289 Witness fees 332 COURT OF APPEALS Judges; compensation 212 COURTS Bail; offenses bailable only before a judge of the superior court; hearings; procedure 1714 Bailiffs; compensation 242 Clerks; notices of dates of arraignments 223 Code revision 14 Court of Appeals; Judges; compensation 212 Fines and forfeitures; jail construction and operation 1753 Grand juries; selection of boards, authorities, or entities; notices; clerks of superior courts 310 Juries; jury lists and boxes; selection of jurors 427 Jurors; alternate jurors in civil jury trials 243 Jurors; expense allowance 242 Juvenile courts; designated felony acts; confinement periods 46 Juvenile courts; detention of juveniles; basic principles 838 Juvenile courts; district attorney or staff; duties; records 824 Juvenile courts; places of detention of a child 1716 Magistrate courts; chief magistrates; minimum compensation 426 Magistrate courts; chief magistrates and magistrates; bonds; oaths; certificates 247 Magistrate courts; civil jurisdiction 320 Magistrate courts; extradition; jurisdiction over waivers 338 Municipal courts; bail 1714 Municipal courts; jurisdiction of traffic offenses 604 Probate courts; certain counties; concurrent jurisdiction with superior courts over appointment of trustees and acceptance of a trustee's resignation 917 Probate courts; chief magistrates and magistrates; bonds; oaths; certificates 247 Probate courts; county organs; notices; Secretary of State 1248 Probate courts; Executive Probate Judges Council of Georgia; membership; terms; meetings 245 Probate courts; guardianships of property of incapacitated adults; certificates; filing by judge or clerk 571 Probate courts; judges; qualification of candidates; affidavits 1091 Probate courts; judges; salary; longevity increases 801 Probate courts; judges; vacancies; chief clerk assuming duties; compensation 361 Probate courts; jurisdiction; guardians 1155

Page LXXVII

Probate courts; jurisdiction; residence of decedents in nursing homes at death 1193 Probate courts; marriage licenses 605 Probate courts; retired judges; marriage ceremonies 593 Probate courts; The Council of Probate Court Judges of Georgia; contracts for educational material 1247 Probate courts; traffic misdemeanors; district attorneys and state court solicitors; duties 354 State courts; solicitors; traffic misdemeanors in probate courts; duties 354 Superior courts; Alcovy Judicial Circuit; judges; salary supplement 4118 Superior courts; Atlanta Judicial Circuit; additional judge 203 Superior courts; Atlantic Judicial Circuit; additional judge 188 Superior courts; bail 1714 Superior courts; Blue Ridge Judicial Circuit; judges; salary supplement 4192 Superior courts; Chattahoochee Judicial Circuit; additional judge 200 Superior courts; Cherokee Judicial Circuit; additional judge 205 Superior courts; Clayton Judicial Circuit; district attorney; salary supplement 4037 Superior courts; Clayton Judicial Circuit; judges; salary supplement 4039 Superior courts; clerks; actions in rem; notices; liens 438 Superior courts; clerks; boards, authorities, or entities selected by grand juries; notices 310 Superior courts; clerks; deeds to secure debt; recording 859 Superior courts; clerks; fees 14 Superior courts; clerks; fees 498 Superior courts; clerks; fees 931 Superior courts; clerks; fees 946 Superior courts; clerks; filing certificates of guardianships of property of incapacitated adults 571 Superior courts; clerks; records, books, dockets, and indices; fees 395 Superior courts; clerks; salary; longevity increases 801 Superior courts; clerks; sheriffs; qualification of candidates; affidavits; sheriffs' qualifications for office 1091 Superior courts; Cobb Judicial Circuit; court administrator 3799 Superior courts; district attorney; duties in juvenile courts 824 Superior courts; district attorneys; traffic misdemeanors in probate courts; duties 354 Superior courts; Eastern Judicial Circuit; additional judge 196 Superior courts; judges' secretaries; reemployment; pay level 54 Superior courts; Macon Judicial Circuit; judges; supplements; senior judges 4286 Superior courts; service by senior judges; compensation 832 Superior courts; sheriffs; salary; longevity increases 801 Superior courts; Southern Judicial Circuit; additional judge 180 Superior courts; Superior Court Judges Retirement System; members reelected in 1988 80 Superior courts; Tallapoosa Judicial Circuit; terms 283 Supreme Court of Georgia; Justices; compensation 212

Page LXXVIII

COVINGTON, CITY OF Mayor and council; group insurance 5206 COWAN, JOEL, PARKWAY Designated 716 Designated 1167 COWETA COUNTY Superior court; judges; salary supplement 3859 COWETA JUDICIAL CIRCUIT Judges; salary supplement 3859 CRAWFORD COUNTY District attorney; salary supplement 4009 Magistrate court; law library fees 3996 CREDIT UNION DEPOSIT INSURANCE CORPORATION Bylaws; membership fees; liquidation 1690 CREEK INDIAN TRAIL SCENIC HIGHWAY Designated 705 CRIMES AND OFFENSES Abandonment; reckless abandonment of a child 1605 Abandonment; suspension of sentences 381 Bad checks; foreclosures on personalty 803 Bad checks; liens on property paid for with bad checks 805 Bad checks; multiple checks; printing fictitious checks 1570 Bail jumping; deposit of drivers' licenses in lieu of bail 448 Bail jumping; notice; bench warrants; failure to appear; accusations 623 Buying or selling a human fetus or any part thereof prohibited 456 Code revision 14 Controlled substances; anabolic steroids 238 Controlled substances; Schedules I, II, III, IV, and V; exclusions; dangerous drugs 233 Controlled substances and marijuana; trafficking; penalties 1594 Criminal trespass on public hunting and fishing areas 1552 Dead bodies; bodily parts; possession when unlawfully removed from grave 360 Death penalty; procedure for imposition when at least ten jurors are in favor Vetoed SB 25 Disclosing how another elector voted 1090

Page LXXIX

Drug crimes; buildings and structures in which committed; powers of counties and municipalities 1161 Endangering bodily safety of another while hunting; hunting licenses 292 Escape; revocation of probation 329 Flying under the influence of alcohol or drugs 276 Foreclosure fraud 13 Fraudulently obtaining public housing; definition 1242 Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; amendment to conform to revision of Georgia Business Corporation Code 946 Giving false birthdate to law enforcement officer 224 Homicide, felony, or suicide; failure of property owner to disclose 1633 Misleading advertisements of food 260 Rape; exceptions to inadmissibility of evidence 272 Reckless abandonment of a child 1605 Rewards in felony cases 290 Serious injury by vehicle 232 Upbraiding, insulting, or abusing public school teachers, administrators, or school bus drivers 1394 CRIMINAL JUSTICE COORDINATING COUNCIL Membership 288 State School Superintendent; membership 1245 CRIMINAL PROCEDURE Abandonment; suspension of sentences 381 Arraignment; notice of date 223 Bail; chauffeur's or driver's license in lieu of bail; suspension of license; bail jumping; penalties; fees 448 Bail; offenses bailable only before a judge of the superior court; hearings; procedure 1714 Bail jumping; notices 623 Bench warrants; failure to appear; accusations 623 Bonds or recognizances; forfeiture 556 Children; competency to testify; credibility 1639 Code revision 14 Death penalty; procedure for imposition when at least ten jurors are in favor Vetoed SB 25 Extradition; jurisdiction of magistrate courts over waivers 338 Fines; use of additional penalties for jail construction and operation 1753 Fines and forfeitures; payments to the Peace Officers' Annuity and Benefit Fund; forms 225 Juveniles; detention; basic principles 838 Nolle prosequi; notice to defendant and defendant's attorney 585 Parole; maximum period of supervision 855 Probation; revocation; alternatives to confinement; violations; maximum period of supervision on probation or parole 855 Probation; revocation; transfer to county of original conviction Vetoed HB 576

Page LXXX

Probation; suspension of running of probated sentences 452 Probation; work or community service in lieu of incarceration 331 Rape; exceptions to inadmissibility of evidence 272 Rewards in felony cases 290 Searches of law offices; procedure; warrants; special masters 1687 Voluntary surrender program; bonds or personal recognizance; expenses; penalties; supervision; running of sentences 607 CUTHBERT, CITY OF Mayor and aldermen; terms 5390 Mayor and council; elections; terms 4189 D DACULA, CITY OF Terms of office 5371 DADE COUNTY Probation officers; county supplement 4032 DALTON, CITY OF Hearings and investigations; subpoenas 4182 Street improvements 5309 DAMS Georgia Water Supply Act; enactment; water supply reservoirs 1304 DANGEROUS DOG CONTROL LAW Definitions; notices; registration by new residents; certificates; local ordinances; liability 159 Design of warning sign 1552 DANIELSVILLE, CITY OF Mayor and council; terms; elections 4659 DAWSON, CITY OF Corporate limits 4686 Mayor and council; elections 4694 Mayor and council; terms 5378

Page LXXXI

DAWSON COUNTY Sheriff; compensation 3867 DAY-CARE CENTERS Commissions; fire safety 1795 DEAD BODIES Cremated remains buried at sea 813 Embalming; specimens; blood tests 829 Possession when unlawfully removed from grave 360 DEATH PENALTY Procedure for imposition when at least ten jurors are in favor Vetoed SB 25 DEBTOR AND CREDITOR Child and spousal support; enforcement; guidelines; income deduction orders; wage assignments; insurance 861 Foreclosures on personalty; immediate writs of possession; transactions involving bad checks 803 Liens; bicycle, motor scooter, moped, motorcycle, lawn mower, garden equipment, or related equipment repair or service 1489 Liens; improperly parked cars and trespassing personal property 1230 Liens; mechanics and materialmen; actions in rem; notices 438 Liens; motor vehicles 1186 Liens; pawnbrokers 819 Liens; property paid for with bad checks 805 Mortgages and deeds to secure debt; recording canceled and satisfied mortgages; canceling lost security deeds; fees 498 Tax executions; transfer; notices 457 DECATUR, CITY OF Ad valorem tax deferral for elderly persons 3985 City commissioners; terms 5377 DEFENSIVE DRIVING COURSES Motor vehicle insurance 1719 DEKALB COUNTY Chief executive officer; compensation 4863 Special services tax districts; millage rate in municipalities 4165 State court; fees; assistant solicitors 4090 Superior court; judges; salary supplement 4696

Page LXXXII

DEPARTMENT OF ADMINISTRATIVE SERVICES State property inventory 468 DEPARTMENT OF COMMUNITY AFFAIRS Local independent authorities; annual report of indebtedness 908 Regional development centers; area planning and development commissions 1317 DEPARTMENT OF INDUSTRY, TRADE, AND TOURISM Name changed from Department of Industry and Trade 1641 DEPARTMENT OF PUBLIC SAFETY Deputy commissioner; appointment and duties 1285 DETERGENTS Low phosphorus household laundry detergents; sale 319 DEVELOPMENT AUTHORITY OF CHATHAM COUNTY AND UNION CAMP CORPORATION Easement across state property in the Savannah River, Chatham County 741 DEVELOPMENTAL HIGHWAY SYSTEM Creation 221 DIALYSIS State health planning; definitions 1685 DIETITIANS Georgia Board of Examiners of Licensed Dietitians; termination date 291 DIPRIMA, ROMEO Romeo Diprima Center at Northwest Georgia Regional Hospital; designated 734 DIRECT RESPONSE ADVERTISING Insurance; unfair trade practices 888 DISPOSITION OF UNCLAIMED PROPERTY ACT Amendment to conform to revision of Georgia Business Corporation Code 946 Time periods; value; persons charging fees to locate unclaimed property 1115

Page LXXXIII

DISTRICT ATTORNEYS Duties in juvenile courts 824 Traffic misdemeanors in probate courts; duties 354 DOERUN, CITY OF Mayor and council; elections; terms 4401 DOGS Dangerous Dog Control Law; definitions; notices; registration certificates; local ordinances; liability 159 Dangerous Dog Control Law; design of warning sign 1552 DOMED STADIUM Geo. L. Smith II Georgia World Congress Center Authority 1195 DOMESTIC RELATIONS Abandonment; reckless abandonment of a child 1605 Abandonment; suspension of sentences 381 Child and spousal support; enforcement; guidelines; income deduction orders; wage assignments; insurance 861 Family violence centers; county and municipal grants 1108 Legitimation of children; establishment of duty of father to support 441 Marriage; retired judges of the probate courts performing ceremonies 593 Marriage licenses; immediate issuance; sanctions for improper issuance 605 Reckless abandonment of a child 1605 Uniform Reciprocal Enforcement of Support Act; probation departments and supervisors not to collect civil support payments 380 DOUGHERTY COUNTY Board of education; powers 4141 Joint County-Municipal Board of Registration and Elections; membership; chairperson; term; powers 4079 DOUGLAS COUNTY Douglasville-Douglas County Water and Sewer Authority; members 3976 DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; members 3976 DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY Members 3976

Page LXXXIV

DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Conveyance of state property 59 DOWNTOWN SMYRNA DEVELOPMENT AUTHORITY Creation 4382 DRUGS Controlled substances; anabolic steroids 238 Controlled substances and dangerous drugs 233 Controlled substances and marijuana; trafficking; penalties 1594 Drugs; medical treatments; diagnostic studies; authority of nurses and physicians' assistants to order or administer 261 Medicaid Prescription Drug Bidding and Rebate Program 852 Pharmacists; pharmacies operated by colleges of pharmacy; permits 509 Vitamins, minerals, and food supplements; chiropractors 460 DUDLEY, CITY OF Mayor and council; terms; organizational meeting 5399 DULUTH, CITY OF Mayor and council; terms 5398 E EAST DUBLIN, TOWN OF Mayor; powers 4566 EAST POINT, CITY OF City court 5275 Employees Retirement Plan 5134 Retirement; termination of plan 5228 EASTERN JUDICIAL CIRCUIT Additional judge 196 EDUCATION Athlete agents; regulation; contracts; notices 370 Board of regents; Olympic training centers 1786 Board of regents; university system; charitable contributions; deductions from wages and salaries of employees 878

Page LXXXV

Code revision 14 College and university campus law enforcement agencies; radar speed detection devices 586 Colleges and universities; motor vehicle commemorative license plates 921 Colleges of pharmacy; pharmacies; permits 509 County boards of education; group medical and dental insurance for members 685 County school superintendents; qualification of candidates; affidavits 1091 Electronic communication devices; prohibited at schools 1394 Equalized adjusted school property tax digest 597 Georgia Student Finance Authority; student incentive grants; maximum awards 879 Georgia Student Finance Commission; board of commissioners; compensation 663 Local boards of education; qualifications of members 425 Pagers prohibited 1394 Physicians for Rural Areas Assistance Act; board of regents; loans 1234 Proprietary schools; certificates of authorization 634 Public school employees' health insurance plan; public school employee redefined; subordination of coverage; confidentiality of records 1146 Public School Employees Retirement System; 1988 amendatory Act repealed 250 Public schoolteachers' health insurance plan; retired and retiring teachers and dependents 1143 Quality Basic Education Act; children or youth in custody of Department of Corrections or Department of Human Resources; local units of administration; services; records 1693 Quality Basic Education Act; funding for direct instructional costs 690 Quality Basic Education Act; midterm adjustments; middle school grants 687 Quality Basic Education Act; school bus drivers; minimum salaries 326 Quality Basic Education Act; sparsity grants 1228 School bus drivers; accumulated unused sick leave; transfer 592 School bus drivers; minimum salaries 326 School bus redefined 1792 School crossing guards; powers 516 School disciplinary tribunals; proceedings, hearings, and records closed to public 836 Sick leave banks or pools 56 Sick leave banks or pools 61 State Board of Education; members; annual public hearings 678 State Board of Education; state library; duties 1129 State Board of Technical and Adult Education; approval of contracts 603 State Board of Technical and Adult Education; members; terms 1096 State library; public documents; publications; reports of state departments 1129 State school grants to local systems; computation and inclusion on tax bills; attendance records 808 State School Superintendent; membership on the Criminal Justice Coordinating Council 1245 Student incentive grant program; maximum awards 879 Teachers; assessment of on-the-job performance; exemption 1806 Teacher's child may attend school at which parent or guardian teaches 925

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Teachers Retirement System of Georgia; 1988 amendatory Act (Ga. L. 1988, p. 697) repealed 251 Teachers Retirement System of Georgia; average compensation; calculation 249 Teachers Retirement System of Georgia; transfer of members of a local retirement fund; contributions; refunds 314 Unemployment compensation 302 University System of Georgia; Olympic training centers 1786 Upbraiding, insulting, or abusing public school teachers, administrators, or school bus drivers 1394 EFFINGHAM COUNTY State court; judge; solicitor; compensation 4361 ELBERT COUNTY Board of commissioners; compensation; expenses 4468 Elbert County Richard B. Russell Development Authority; creation 3587 Northeast Georgia Surface and Air Transportation Commission 4596 ELBERT COUNTY RICHARD B. RUSSELL DEVELOPMENT AUTHORITY Creation 3587 ELBERTON, CITY OF Northeast Georgia Surface and Air Transportation Commission 4596 ELECTIONS Absentee ballots; applications; delivery; assistance in preparing 1742 Absentee electors; electors 75 or handicapped voting without waiting in line; campaign activities and public opinion polls near polling places 1084 Blind electors; assistance in voting 911 Boards of elections in counties of more than 500,000; Act repealed 179 Candidates; challenges to qualifications; time periods 900 Code revision 10 Commissioner of Insurance; campaign contributions 784 Contests; time for filing petition 1748 County officers and county school superintendents; qualification of candidates; affidavits 1091 Date of general primary; qualification of candidates; fees; notices; withdrawal of nominated candidates; certification; nomination by convention; ballots and supplies 643 Deputy registrars at permanent additional voter registration sites 661 Disclosing how another elector voted 1090 Election superintendents and registrars; training; penalties 659 Ethics in Government Act; campaign contribution disclosure reports; General Assembly candidates 790

Page LXXXVII

Ethics in Government Act; Commissioner of Insurance; campaign contributions 784 Federal Overseas Voting Rights Act of 1975; citations 849 Federal Voting Assistance Act of 1955; citations 849 Great seal of the state; use or display 1122 Lists of electors; registration cards; correction by board of registrars 1082 Municipal elections; recounts; procedures 787 Municipal officers; terms; local Acts 44 Petitions; cards; contents; Secretary of State; duties Vetoed HB 351 Primaries; posting lists of qualified candidates; penalties; certification of political party candidates 903 Recall Act of 1989; enactment; recall of public officials; procedure 1721 Referendums; county surveyors; appointment 919 Registration; identification cards 662 Residency requirements; county and municipal officers 596 Uniformed and Overseas Citizens Absentee Voting Act; citations 849 Write-in ballots; counting at tabulating centers; poll officers 842 Write-in candidates; notices of intent of candidacy; eligibility 682 ELECTRICAL CONTRACTING Examinations; review courses 1617 ELLIS HALE TRAINING AND TREATMENT CENTER FOR ADOLESCENTS Designated 734 EMANUEL COUNTY Emanuel County Development Authority; exemptions from taxation 3510 EMANUEL COUNTY DEVELOPMENT AUTHORITY Exemption from taxation 3510 EMERGENCY MEDICAL SERVICES Paramedic clinical preceptors; trainees; supervision; ambulance service medical directors; base station facilities 1782 EMERGENCY MEDICAL TECHNICIANS Hepatitis B vaccinations; costs 1780 Indemnification; subrogation 1244 EMINENT DOMAIN Georgia Relocation Assistance and Land Acquisition Policy Act of 1973; conformity with federal law; replacement housing 213

Page LXXXVIII

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Superior court judges and district attorneys; eligibility 347 EMPLOYMENT SECURITY LAW Eligibility for benefits; persons performing services in educational institutions 302 Payments during temporary layoffs excluded as wages for unemployment compensation purposes 594 Wages; computation date; employer contributions in special cases; State-wide Reserve Ratio; weekly benefit amounts 305 ENGLAND, CHARLES W. Compensation 706 EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST Preparation by the state auditor 597 EROSION AND SEDIMENTATION ACT OF 1975 Land-disturbing activity; rules; ordinances; bonds; costs; permits; notices 1295 ETHICS IN GOVERNMENT ACT Campaign contribution disclosure reports; General Assembly candidates 790 Commissioner of Insurance; campaign contributions 784 ETON, CITY OF Mayor and council; terms 5404 EVIDENCE Children; competency to testify; credibility 1639 Code revision 14 Department of Agriculture; inspection warrants 390 Hearsay; records of the Department of Public Safety; terminals connected to the Georgia Crime Information Center; parties to suits 1080 Joint Evidence Study Committee; creation 697 Polygraph examinations; rights of examinees 797 Rape; exceptions to inadmissibility of evidence 272 Rewards in felony cases; local governments 290 Safety Fire Commissioner; inspection warrants 815 Searches of law offices; procedure 1687 Witness fees for law enforcement officers, correctional officers, arson investigators, firemen, and others 332

Page LXXXIX

EXCISE TAXES ON ROOMS, LODGINGS, AND ACCOMMODATIONS Sales and use tax increase; effect 62 Special districts; rates; expenditure of funds 1 EXECUTIVE BRANCH PUBLICATIONS Copies; reports; state library 1129 Cost information 1634 EXECUTIVE PROBATE JUDGES COUNCIL OF GEORGIA Membership; terms; meetings 245 EXTRADITION Magistrate courts; jurisdiction over waivers 338 F FAIR BUSINESS PRACTICES ACT OF 1975 Going out of business sales 560 Health spas; contracts; requirements; cancellation; refunds 1606 FAIR EMPLOYMENT PRACTICES, OFFICE OF Status reports on complaints 1210 FAMILY VIOLENCE CENTERS County and municipal grants 1108 FARR, FLOY, PARKWAY Designated 715 FAYETTE COUNTY Probate court; judge; compensation 4170 Sheriff; compensation 4178 Superior court; clerk; compensation 4173 Tax commissioner; compensation 4175 FETUS Buying or selling human fetus or any part thereof prohibited 456

Page XC

FIRE PROTECTION AND SAFETY Blasting or excavating near underground gas pipes or utility facilities; revocation of professional or occupational licenses, certificates, or registrations 495 Buildings presenting special hazards; shopping centers; electrical requirements 815 Churches; occupant loads 918 Commissioned day-care centers 1795 Emergency powers of fire departments; bomb threats 271 Firefighters; motor vehicle license plates 921 Firemen; Hepatitis B vaccinations 1780 Georgia Fire Sprinkler Act; definitions; liability insurance; offenses; civil and criminal penalties 1124 Georgia Firemen's Pension Fund; disability benefits 50 Georgia Firemen's Pension Fund; membership; creditable service; leaves of absence; withdrawals; disability benefits 339 Indemnification of firemen; subrogation 1244 Public Retirement Systems Standards Law; Georgia Firemen's Pension Fund; exemption 48 Safety Fire Commissioner; inspection warrants 815 Witness fees for arson investigators, firemen, and others 332 FIREARMS Endangering bodily safety of another while hunting; hunting licenses 292 FITZGERALD, CITY OF Mayor and aldermen; elections; terms 4850 FLORIDA STATE BOARD OF PILOT COMMISSIONERS Agreements; Port of St. Marys 451 FLOY FARR PARKWAY Designated 715 FLOYD COUNTY Rome-Floyd County Commission on Children and Youth; creation 4403 FOLKSTON, CITY OF Corporate limits 3625 FOOD, DRUGS, AND COSMETICS Controlled substances; anabolic steroids 238

Page XCI

Controlled substances and dangerous drugs 233 Controlled substances and marijuana; trafficking; penalties 1594 Drugs; medical treatments; diagnostic studies; authority of nurses and physicians' assistants to order or administer 261 Flying under the influence of alcohol or drugs 276 Food fish; domestic farm products; exemption from game and fish laws 1207 Food fish; regulation by Department of Agriculture; fish dealers 1579 Georgia Food Act; misleading advertisements 260 Georgia Meat Inspection Act; inspections of facilities and meat; exemptions; rabbits 335 Livestock; rendering and disposal plants and collection centers; licensing and inspection 1414 Medicaid Prescription Drug Bidding and Rebate Program 852 Pharmacists; pharmacies operated by colleges of pharmacy; permits 509 Sales and use taxes 62 Vitamins, minerals, and food supplements; chiropractors 460 FORECLOSURE FRAUD Cross reference 13 FORESTERS Examinations; education 352 FORESTRY Pine straw; harvesting and sale; requirements; penalties 386 FORSYTH COUNTY Magistrate court; chief magistrate; constables; clerk 4848 Superior court; judges; salary supplement 4192 FORT VALLEY, CITY OF City administrator 5196 FOUNDATIONS Amendments to conform to revision of Georgia Business Corporation Code 946 FRANKLIN, CITY OF Franklin-Heard County Water Authority; name changed to Heard County Water Authority 4139 FRANKLIN D. ROOSEVELT STATE PARK Property boundaries established and accepted 713

Page XCII

FRANKLIN-HEARD COUNTY WATER AUTHORITY Name changed to Heard County Water Authority 4139 FULLER, G. DOUGLAS AND ALICE K. Compensation 726 FULTON COUNTY Board of elections and registration; creation 4577 Homestead exemption; disability 4379 State court; costs; fees 3894 Superior court; additional judge 203 FUNERAL PROCESSIONS Right of way; penalties 1803 FUNSTON, CITY OF Mayor and councilmen; elections; terms 4635 G G. DOUGLAS AND ALICE K. FULLER Compensation 726 GAINESVILLE, CITY OF Assistant city manager 5296 City commissioners; terms; election date 3957 City hall 5300 Civil service board 5340 Northeast Georgia Surface and Air Transportation Commission 4596 GAME AND FISH Baited fields; signs 469 Creel and possession limits; mountain trout; public fishing areas; fish baskets on Lake Sinclair and Lake Oconee; reciprocal agreements; triploid grass carp 1552 Criminal trespass on public hunting and fishing areas 1552 Endangering bodily safety of another while hunting; hunting licenses 292 Field and retriever trials; hunting licenses; exceptions 231 Fish baskets; Lake Sinclair; Lake Oconee 253 Food fish; domestic farm products; exemption from game and fish laws 1207 Food fish; trout; catfish; regulation by Department of Agriculture; fish dealers 1579

Page XCIII

Georgia Aquaculture Development Act; enactment 284 Georgia waterfowl stamps; waterfowl stamp fund; stamps required; fees 506 Hunting seasons; turkey gobblers 253 Salt-water finfish; seasons; creel and size limits 1406 Shot and shell size; turkey gobblers; season 1552 GARDEN CITY, CITY OF Ad valorem taxes; millage rate; certifications 4568 GARDEN EQUIPMENT Service or repair; liens 1489 GENERAL ASSEMBLY Access to Health Care Commission; creation 1749 Assessment of Proposed Accident and Sickness Insurance Coverage Act; impact assessments of legislative proposals 492 Authorities created by local constitutional amendments; name changes 47 Campaign contribution disclosure reports 790 Georgia Laws; House and Senate Journals; distribution; Secretary of State; duties 1129 Joint Evidence Study Committee; creation 697 Joint Health Care Personnel Supply and Planning Study Committee; creation 731 Local laws; county surveyors; appointment; referendums 919 Property and casualty insurance; annual report to the General Assembly 885 Records; staff services 827 GENERAL PROVISIONS Authorities created by local constitutional amendments; name changes 47 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY Code revision 14 Department of Industry, Trade, and Tourism 1641 Stadium; cost; bonds; fees; tax exemption; approval of leases; state funds 1195 GEORGE S. LEE CAUSEWAY Designated 729 GEORGIA ADMINISTRATIVE PROCEDURE ACT Commissioner of Insurance; rules 681

Page XCIV

GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Revision; Georgia Agricultural Commodities Commission for Peanuts 1420 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Department of Industry, Trade, and Tourism 1641 GEORGIA ALLOCATION SYSTEM Bonds; qualified housing project; revision 165 GEORGIA AQUACULTURE DEVELOPMENT ACT Enactment; Aquaculture Development Commission; created 284 GEORGIA ATHLETE AGENTS REGULATORY ACT OF 1988 Regulation of agents and contracts 370 GEORGIA AVIATION HALL OF FAME Creation 1682 GEORGIA BOARD OF ATHLETIC TRAINERS Termination date; powers 454 GEORGIA BOARD OF EXAMINERS OF LICENSED DIETITIANS Termination date 291 GEORGIA BOAT SAFETY ACT Sailboards; exemption 230 GEORGIA BUILDING AUTHORITY (PENAL) Bonds 415 GEORGIA COMMISSION FOR THE NATIONAL BICENTENNIAL CELEBRATION Department of Industry, Trade, and Tourism 1641 GEORGIA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Termination date; licenses; examinations; supervisors 825

Page XCV

GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION Earnings 415 GEORGIA CRIME INFORMATION CENTER Department of Public Safety; records as evidence; parties to suits 1080 GEORGIA DEVELOPMENT AUTHORITY Amendment to conform to revision of Georgia Business Corporation Code 946 Department of Industry, Trade, and Tourism 1641 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Assistance to local governments for solid waste facilities; fees 1289 Department of Industry, Trade, and Tourism 1641 GEORGIA FEDERATION OF COLORED WOMEN'S CLUBS, INC. Conveyance of state property in Bibb County 730 GEORGIA FIRE SPRINKLER ACT Definitions; liability insurance; offenses; civil and criminal penalties 1124 GEORGIA FIREMEN'S PENSION FUND Disability benefits 50 Membership; creditable service; Peace Officers' Annuity and Benefit Fund; leaves of absence; withdrawals; disability benefits 339 Public Retirement Systems Standards Law; exemption 48 GEORGIA FOOD ACT Misleading advertisements 260 GEORGIA HAZARDOUS WASTE MANAGEMENT ACT Hazardous waste facility permits; notices of applications 240 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY Department of Industry, Trade, and Tourism 1641 State employees' health insurance plan; coverage 490 GEORGIA HEARING AND DEALERS AND DISPENSERS ACT Examinations; apprentice dispensers' permits 423

Page XCVI

GEORGIA HIGH RISK HEALTH INSURANCE PLAN Creation 1701 GEORGIA HISTORIC PRESERVATION ACT Exemptions; local ordinances of cities and counties 1160 GEORGIA INDUSTRIAL LOAN ACT Code revision 14 Commissioner of Insurance; campaign contributions 784 GEORGIA LAND SALES ACT OF 1982 Code revision 14 Planning and development 1317 GEORGIA LAWS Distribution; Secretary of State; duties 1129 GEORGIA MEAT INSPECTION ACT Inspections of facilities and meat; exemptions; rabbits 335 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Medicaid Prescription Drug Bidding and Rebate Program 852 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Exemption; persons not domiciled in Georgia 1805 Incarceration for violations 405 Loss of income benefits; sole shareholders in professional corporations 841 Notices of cancellation or reinstatement; suspended drivers' licenses, tags, and tag registrations 510 Premium reductions; defensive driving courses; driver improvement clinics 1719 GEORGIA MULTILINE HEAVY EQUIPMENT DEALER ACT Enactment 1771 GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL Executive director; investigators; subpoenas 514 Law enforcement chief executive training class; chiefs of police 1637 Retired peace officer redefined 568

Page XCVII

GEORGIA PLANT FOOD ACT OF 1989 Enactment 473 GEORGIA POST-MORTEM EXAMINATION ACT Embalming; taking and examining specimens and articles; blood tests 829 Fees of medical examiners; reports; fees of peace officers repealed 417 GEORGIA POWER COMPANY Easement through state owned property in Monroe County 776 GEORGIA PROPRIETARY SCHOOL ACT Certificates of authorization 634 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 Overpayments of public assistance; recovery 466 GEORGIA REGISTER OF HISTORIC PLACES Creation 1598 GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973 Conformity with federal law; replacement housing 213 GEORGIA RESIDENTIAL FINANCE AUTHORITY Code revision 14 Findings; residential care facilities; bonds; state housing goal reports 792 GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACT Revision 931 GEORGIA RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS) ACT Amendment to conform to revision of Georgia Business Corporation Code 946 Code revision 14 GEORGIA SCENIC TRAILS SYSTEM Planning and development 1317

Page XCVIII

GEORGIA SECURITIES ACT OF 1957 Code revision 14 GEORGIA SERVICE CENTER FOR HEARING IMPAIRED PERSONS Establishment 1636 GEORGIA STATE GAMES COMMISSION Established 1786 GEORGIA STUDENT FINANCE AUTHORITY Student incentive grants; maximum awards 879 GEORGIA STUDENT FINANCE COMMISSION Board of commissioners; compensation 663 GEORGIA UNDERGROUND STORAGE TANK ACT Code revision 14 Jet turbine fuel tanks; corrective action for releases 256 GEORGIA WATER QUALITY CONTROL ACT Low phosphorus household laundry detergents; sale 319 Publicly owned treatment works; spills; notices; monitoring 280 GEORGIA WATER SUPPLY ACT Enactment; water supply reservoirs 1304 GILLSVILLE, CITY OF City council; organizational meeting; elections; terms of mayor and council 3960 GLYNN COUNTY Board of commissioners; expense allowance 4398 Magistrate court; law library fees 4336 State court; judge; compensation 4338 GOING OUT OF BUSINESS SALES Regulation 560

Page XCIX

GOPHER TORTOISE Official state reptile 297 GORDON COUNTY Superior court; additional judge 205 GOVERNOR Executive branch publications; cost information; duties 1634 Prison overcrowding; state of emergency 57 Rewards in felony cases 290 GOVERNOR'S DEVELOPMENT COUNCIL Creation; state-wide planning and development 1317 GOVERNOR'S EMPLOYMENT AND TRAINING COUNCIL Creation; duties 443 GRAND JURIES Selection of boards, authorities, or entities; notices 310 GREAT SEAL OF THE STATE OF GEORGIA Use or display 1122 GREENE COUNTY Coroner; compensation; expenses; fees 4328 Magistrate court; chief magistrate; compensation; number of magistrates 4108 Northeast Georgia Surface and Air Transportation Commission 4596 GRIFFIN, CITY OF Griffin-Spalding County Charter Commission; creation 3802 GUARDIAN AND WARD Guardianships of property of incapacitated adults; certificates; filing by judge or clerk of the probate court with clerk of the superior court 571 Jurisdiction of probate courts; change of residence by guardian; value of child's property; torts; releases 1155 GWINNETT COUNTY Board of commissioners; districts 4691

Page C

Board of commissioners; expenses; account; charitable expenditures 4211 County historian 4214 County surveyor 4071 Gwinnett County Recreation Authority; membership; appointment; terms; expenses; debt 4998 Juvenile court; judge; compensation 4885 Medical examiner 4099 Recorder's court; judges; compensation 4878 Sheriff; clerk of the superior court; judge of the probate court; tax commissioner; compensation 4887 State court; judges; compensation 4880 Superior court; judges; salary supplement 4882 GWINNETT COUNTY RECREATION AUTHORITY Membership; appointment; terms; expenses; debt 4998 GWINNETT JUDICIAL CIRCUIT Judges; salary supplement 4882 H HABERSHAM COUNTY State court; judge's secretary; demands for jury trials 3901 HALE, ELLIS Ellis Hale Training and Treatment Center for Adolescents; designated 734 HALL COUNTY Board of commissioners; elections 4030 Northeast Georgia Surface and Air Transportation Commission 4596 State court; judge; solicitor; compensation 3567 HANCOCK, FRANCES AND BOB Compensation 704 HANCOCK COUNTY Board of commissioners; compensation; expense allowance 4111 HANDICAPPED PARKING LAW Nonambulatory permanently handicapped persons 572

Page CI

HANDICAPPED PERSONS Absentee ballots; assistance 1742 Accountancy examinations 1098 Blind electors; assistance in voting 911 Community services for the mentally retarded; payment for services 459 Disabled veterans; fees at state parks, historic sites, and recreational areas 517 Georgia Service Center for Hearing Impaired Persons; establishment 1636 Handicapped identification cards 628 Handicapped Parking Law; nonambulatory permanently handicapped persons 572 Hearing or speech impaired persons; study of state-wide dual party telephone system 657 Motor vehicle license plates 1186 HAPEVILLE, CITY OF Terms of office 5363 Terms of office 5365 HARALSON COUNTY Magistrate court; law library fees 4648 Superior court; terms 283 HARRIS COUNTY County officers list; audits; bids 5126 Superior court; additional judge 200 HAZARDOUS WASTE Facility permits; notices 240 Georgia Hazardous Waste Management Authority 490 Georgia Hazardous Waste Management Authority 1641 HEALTH Access to Health Care Commission; creation 1749 Alcoholics and intoxicated persons; treatment; effective date of law 501 Blood tests 829 Certificates of need; kidney disease treatment centers; dialysis 1685 Certificates of need; planning and development 1317 Certificates of need; remodeling, renovation, and replacement projects 393 Code revision 14 Community services for the mentally retarded; payment for services 459 Congenital adrenal hyperplasia 369 County boards of health; compensation 312 Dead bodies; bodily parts; possession when unlawfully removed from grave 360 Dead bodies; cremated remains buried at sea 813

Page CII

Embalming bodies to avoid threat of infectious disease 829 Emergency medical services; paramedic clinical preceptors; trainees; supervision; ambulance service medical directors; base station facilities 1782 Georgia High Risk Health Insurance Plan; creation 1701 Hepatitis B; voluntary vaccinations of firemen, emergency medical technicians, and public safety officers; costs 1780 Hospital authorities; open records 553 Human fetus; buying or selling prohibited 456 Informed consent to medical treatment; time period 178 Joint Health Care Personnel Supply and Planning Study Committee; creation 731 Living wills; witnesses 1182 Medical malpractice 419 Mental retardation caused by inherited metabolic disorders; congenital adrenal hyperplasia 369 Nurses and physicians' assistants; authority 261 Physicians for Rural Areas Assistance Act 1234 State Boxing and Wrestling Commission; creation Vetoed HB 15 State Boxing Commission; termination date 840 State health planning; dialysis; kidney disease treatment centers 1685 Traumatic brain injury; definition Vetoed SB 235 Traumatic brain injury; facilities; definition 1566 Virus, disease, homicide, felony, or suicide; failure of property owner to disclose 1633 Workplace hearing conservation programs; technicians 1602 HEALTH SPAS Contracts 1606 HEARD COUNTY Commissioner; compensation 3964 Franklin-Heard County Water Authority; name changed to Heard County Water Authority 4139 Superior court; judges; salary supplement 3859 HEARD COUNTY WATER AUTHORITY Name changed from Franklin-Heard County Water Authority 4139 HEARING AID DEALERS AND DISPENSERS Examinations; apprentice dispensers' permits 423 HEARING IMPAIRED PERSONS Georgia Service Center for Hearing Impaired Persons; establishment 1636

Page CIII

HEAVY EQUIPMENT Regulation of multiline heavy equipment dealers and suppliers 1771 HENRY COUNTY Board of commissioners; chairman; election; referendum 4829 Sheriff; clerk of the superior court; judge of the probate court; tax commissioner; compensation 4824 HEPATITIS B Vaccinations for firemen, emergency medical technicians, and public safety officers 1780 HIAWASSEE, CITY OF Mayor and council; terms 5373 HIGHWAYS, BRIDGES, AND FERRIES A. T. Land, Sr., Highway; designated 701 Battle Smith Bridge; designated 763 Code revision 14 Creek Indian Trail Scenic Highway; designated 705 Department of Transportation, counties, and municipalities; dollar amounts of negotiated contracts 356 Developmental Highway System 221 Floy Farr Parkway; designated 715 Funeral processions; right of way; penalties 1803 George S: Lee Causeway; designated 729 Handicapped Parking Law; nonambulatory permanently handicapped persons 572 Joel Cowan Parkway; designated 1167 Joel Cowan Parkway; designated 716 Juliette Gordon Low Highway; designated 711 Lightwood Knot Bridge; designated 703 Limited-access roads; municipal consent 163 Peach Parkway; designated 707 Planning and development 1317 Sales and use taxes on motor fuels 62 School crossing guards; powers 516 State Tollway Authority; loans; bonds 489 Thomas Humphrey Highway; designated 735 U. S. 441 Business Historic Route; designated 727 Vehicle length; agricultural commodities; produce; livestock Vetoed HB 464 Vehicle length; automobile carriers; vehicles transporting live poultry Vetoed HB 473 Vehicle length; loads extending beyond the rear of vehicle 1569

Page CIV

Vehicle length and weight; maximum length and weight per axle; bimodal semitrailers; semitrailer rear-end protection devices 693 William A. Ridley Bridge; designated 746 HINESVILLE, CITY OF Mayor and council; elections; terms; districts; referendum 4782 Mayor and council; vacancies 4594 HISTORIC PLACES Georgia Register of Historic Places; creation 1598 HISTORIC PRESERVATION Exemptions; local ordinances 1160 HISTORIC PROPERTY Rehabilitation; preferential classification and assessment for ad valorem taxes 1585 HOBOKEN, CITY OF Municipal offices; terms 5372 HOMELAND, CITY OF Corporate limits 3627 HOMERVILLE, CITY OF Mayor and council; elections; terms; council posts 4777 HOSPITAL AUTHORITIES Open records 553 HOTEL-MOTEL TAXES Sales and use tax increase; effect 62 Special districts; rates; expenditure of funds 1 HOUSE OF REPRESENTATIVES Journals; Georgia Laws; distribution 1129 HOUSING AUTHORITIES Cities of 400,000 or more; resident commissioners; quorum 1241

Page CV

HOUSTON COUNTY Motor vehicle registration periods; Act repealed 4869 State court; solicitor 4348 State probation officers; salary supplements 4871 HUMAN FETUS Buying or selling human fetus or any part thereof prohibited 456 HUMPHREY, THOMAS Highway; designated 735 I IDEAL, CITY OF New charter 3778 ILA, CITY OF Mayor and council; terms; elections 4665 INCOME TAXES Estimated taxes; times for installment payments 1110 Individuals; mortgage interest; dependent's unearned income; subchapter S corporation income 1112 Internal Revenue Code; defined and incorporated into Georgia law 1402 Job tax credit; less developed areas 905 INDUSTRY AND TRADE Name of department, board, and commissioner changed; industry, trade, and tourism 1641 INFORMED CONSENT TO MEDICAL TREATMENT Time period 178 INSURANCE Accident and sickness insurance; agents; fiduciary capacities; records 665 Acquisition of or merger with an insurer; Georgia Insurers Insolvency Pool 74 Agents, brokers, counselors, and adjusters; licenses; commission payments 665 Assessment of Proposed Accident and Sickness Insurance Coverage Act; enactment; reports 492 Auctions 1409

Page CVI

Brokers; unauthorized insurers; financial information; placement of insurance; alien insurers 672 Code revision 14 Commissioner of Insurance; campaign contributions 784 Commissioner of Insurance; release of lists of requests for assistance against insurers 633 Commissioner of Insurance; rules; Georgia Administrative Procedure Act 681 County taxes and fees; use of proceeds; tax reduction; budgets; special districts 1151 Domestic insurers; examination every three years 562 Elected county officers and personnel thereof 1284 Farmers' mutual fire insurance companies; deposits of funds; insurance retained 688 Georgia High Risk Health Insurance Plan; creation 1701 Georgia Motor Vehicle Accident Reparations Act; exemption; persons not domiciled in Georgia 1805 Georgia Motor Vehicle Accident Reparations Act; incarceration for violations 510 Georgia Motor Vehicle Accident Reparations Act; loss of income benefits; sole shareholders in professional corporations 841 Georgia Motor Vehicle Accident Reparations Act; notices of cancellation or reinstatement; suspended drivers' licenses, tags, and tag registration 510 Georgia Motor Vehicle Accident Reparations Act; reductions in premiums; defensive driving courses; driver improvement clinics 1719 Group accident and sickness insurance; grace period for payment of premiums 675 Group accident and sickness insurance; multiple employer welfare arrangements 883 Group life insurance; multiple employer welfare arrangements 883 Group medical and dental insurance for members of county boards of education 685 Individual or group accident and sickness insurance; notice prior to cancellation or nonrenewal 891 Insurers; change of domicile; continuation of certificate of authority and approvals; merger; consolidation 1127 Investments of insurers; variable annuity contracts; pension, retirement, or profit-sharing plans 1120 Liability or casualty insurance; information furnished to claimants upon request 676 Life insurance; agents; fiduciary capacities; records 665 Life insurance; long-term care insurance; riders 894 Long-term care insurance; life insurance policies or riders 894 Medicare supplement insurance; regulation 1276 Motor vehicle insurance; insurance institutions or agents; use of information in making underwriting decisions 642 Personal insurance; corporations; trusts; insurable interest 1109 Property and casualty insurance; annual report to the General Assembly 885 Property and casualty insurers; qualified independent loss reserve specialists 674 Public school employees' health insurance plan; definitions; subordination of coverage; confidentiality of records 1146

Page CVII

Public schoolteachers' health insurance plan; retired and retiring teachers and dependents 1143 Security deposits with Commissioner of Insurance 1119 State employees' health insurance plan; appropriations; S.F.Y. 1988-89 Vetoed HB 381 State employees' health insurance plan; coverage; Georgia Hazardous Waste Management Authority 490 State employees' health insurance plan; definitions; subordination of coverage; payment of benefits; confidentiality of records 1148 Stolen motor vehicles; by-hand delivery of affidavits; false statements 328 Unfair trade practices; direct response advertising 888 Unfair trade practices; salvage certificates of title; disclosures to insureds; nonoriginal equipment manufacturer aftermarket crash parts 1396 Vehicle service agreements; extended warranty agreements; regulation 680 INTERNAL REVENUE CODE Defined and incorporated into Georgia law 1402 Section 414; investments of insurers 1120 J JACKSON COUNTY Northeast Georgia Surface and Air Transportation Commission 4596 JACKSON ELECTRIC MEMBERSHIP CORPORATION Easement through state owned property in Gwinnett County 747 JAIL CONSTRUCTION AND STAFFING ACT Enactment 1753 JAILS Regional Vetoed HB 576 JASPER COUNTY Clerk of superior court; salary in lieu of fees 4252 JEFF DAVIS COUNTY Board of commissioners; terms; clerk; vacancies; meetings 3998 JEFFERSON, CITY OF Northeast Georgia Surface and Air Transportation Commission 4596

Page CVIII

JEFFERSON COUNTY Magistrate court; chief magistrate; election; appointment of magistrates; terms; chief deputy magistrate 3542 Tax commissioner; compensation 4283 JESUP, CITY OF Corporate limits 4001 JOEL COWAN PARKWAY Designated 716 Designated 1167 JOINT EVIDENCE STUDY COMMITTEE Creation 697 JOINT HEALTH CARE PERSONNEL SUPPLY AND PLANNING STUDY COMMITTEE Creation 731 JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM Employers; credit unions 611 JONES COUNTY Board of education; compensation 4269 JONESBORO, CITY OF Council meetings 5216 JULIETTE GORDON LOW HIGHWAY Designated 711 JURIES Alternate jurors in civil jury trials 243 Death penalty; procedure for imposition when at least ten jurors are in favor Vetoed SB 25 Grand juries; selection of boards, authorities, and entities; notices 310 Jurors; expense allowance 242 Jury lists and boxes; selection of jurors 427

Page CIX

JUVENILE COURTS Designated felony acts; confinement periods 46 Detention of juveniles; basic principles 838 District attorney or staff; duties; records 824 Places of detention of a child 1716 K KENNESAW, CITY OF Corporate limits 4472 KIDNEY DISEASE TREATMENT CENTERS State health planning; definitions 1685 KINGSLAND, CITY OF Corporate limits 3940 KNIGHT, MILDRED Mildred Knight Prevocational Center for the Developmentally Disabled; designated 734 L LABOR AND INDUSTRIAL RELATIONS Amusement Ride Safety Act; Governor's Employment and Training Council; duties 443 Boiler and Pressure Vessel Safety Act; Governor's Employment and Training Council; duties 443 Boiler and Pressure Vessel Safety Act; liquefied petroleum gas 465 Carnival Ride Safety Act; Governor's Employment and Training Council; duties 443 Code revision 14 Department of Labor; supplemental appropriations 268 Employment Security Law; eligibility for benefits; persons performing services in educational institutions 302 Employment Security Law; payments during temporary layoffs excluded as wages for unemployment compensation purposes 594 Employment Security Law; wages; computation date; employer contributions in special cases; State-wide Reserve Ratio; weekly benefit amounts 305 Farm labor camps or facilities for migrant farm workers 317 Governor's Employment and Training Council; creation; duties 443 Workers' compensation; group self-insurance funds; securities deposits; surplus and expendable surplus requirements; reserves 1075

Page CX

Workers' compensation; State Board of Workers' Compensation; members and administrative law judges; compensation; appeals; rehabilitation suppliers 579 Workplace hearing conservation programs; technicians 1602 LAGRANGE, CITY OF Mountville Water Authority abolished; transfer of assets and obligations 3910 School superintendent; appointment; term 4216 LAKE OCONEE Fish baskets 253 LAKE PARK, CITY OF Mayor and council; elections; terms 4123 LAKE SIDNEY LANIER Discharge of sewage from vessels constructed on or before January 1, 1978 656 LAKE SINCLAIR Fish baskets 253 LAMAR COUNTY Lamar County Water and Sewer Authority; creation 3942 LAMAR COUNTY WATER AND SEWER AUTHORITY Creation 3942 LAND, A. T., SR., HIGHWAY Designated 701 LAND REGISTRATION Revision; adverse possession; vesting of title; recording of deeds; title registers; unrecorded transfers 563 LAVONIA, CITY OF Municipal elections; mayor and council; terms 4551 LAW ENFORCEMENT OFFICERS AND AGENCIES Code revision 14

Page CXI

College or university campus law enforcement agencies; radar speed detection devices 586 Criminal Justice Coordinating Council; membership 288 Criminal Justice Coordinating Council; State School Superintendent; membership 1245 Dead bodies; blood tests; specimens 829 Department of Public Safety; deputy commissioner; appointment and duties 1285 Department of Public Safety; motor vehicle license plates 1186 Georgia Crime Information Center; Department of Public Safety; records as evidence 1080 Georgia Peace Officer Standards and Training Act; retired peace officer redefined 568 Georgia Peace Officer Standards and Training Council; executive director; investigators; subpoenas 514 Georgia Peace Officer Standards and Training Council; law enforcement chief executive training class 1637 Hepatitis B vaccinations; costs 1780 Indemnification; subrogation 1244 Pawnbrokers; inspections 819 Peace Officers' Annuity and Benefit Fund; Georgia Firemen's Pension Fund; membership; creditable service 339 Peace Officers' Annuity and Benefit Fund; payments to the fund; forms 225 Peace Officers' Annuity and Benefit Fund; peace officer redefined; wardens; guards 228 Sheriffs' Retirement Fund of Georgia; fees in civil actions; penalties and interest for late payment 1153 Witness fees for law enforcement officers and others 332 LAWN MOWERS Service or repair; liens 1489 LAWRENCEVILLE, CITY OF Corporate limits 4273 LEE COUNTY Sheriff; deputies 4356 LEE, GEORGE S. Causeway; designated 729 LEGAL ADVERTISEMENTS Rates 325

Page CXII

LEGAL ORGANS Notification of Secretary of State 1248 Rates for legal advertisements 325 LESLIE, TOWN OF Mayor and council; terms 5397 LIBEL AND SLANDER Visual or sound broadcasts; retractions and corrections 408 LICENSE, OCCUPATION, AND PROFESSIONAL TAXES Marriage and family therapists; exemption 890 LIENS Bicycle, motor scooter, moped, motorcycle, lawn mower, garden equipment, or related equipment repair or service 1489 Improperly parked cars and trespassing personal property 1230 Mechanics and materialmen; actions in rem; notices 438 Motor vehicles 1186 Pawnbrokers 819 Property paid for with bad checks 805 LIGHTWOOD KNOT BRIDGE Designated 703 LILBURN, CITY OF Corporate limits 3633 Mayor and council; elections; terms 3630 LIMITATION OF ACTIONS Medical malpractice 419 LIMITED PARTNERSHIPS Georgia Revised Uniform Limited Partnership Act; revision 931 LIQUIFIED PETROLEUM GAS Code revision 14 Governor's Employment and Training Council; creation; duties 443 Pressure vessels 465

Page CXIII

LIVING WILLS Witnesses 1182 LOCAL GOVERNMENT Authorities; local independent authorities; annual report of indebtedness 908 Boards, authorities, or entities selected by grand juries; notices 310 Bonds; Georgia Allocation System; revision 165 Code revision 14 Counties; boards of elections in counties of more than 500,000; Act repealed 179 Counties; chief magistrates; minimum compensation 426 Counties; constitutional county officers; salary; longevity increases 801 Counties; county road systems; contracts 356 Counties; elected county officers and personnel thereof; insurance; retirement and pensions 1284 Counties; insurance taxes and fees; use of proceeds; tax reduction; budgets; special districts 1151 Counties; private solid waste disposal sites 513 Counties; regional jails Vetoed HB 576 Counties of 160,000 or more and municipalities therein; Sunday sales of alcoholic beverages 1487 County boards of health; compensation 312 County officers; residency requirement 596 County officers and school superintendents; qualification of candidates; affidavits 1091 County surveyors; appointment or election 919 Dangerous dogs; local ordinances; registration 159 Dangerous dogs; warning signs 1552 Deferred compensation plans 313 Drug crimes; buildings or structures; powers of counties and municipalities 1161 Erosion and Sedimentation Act of 1975; ordinances; minimum standards; enforcement 1295 Family violence centers; county and municipal grants 1108 Fire departments; emergency powers; bomb threats 271 Firemen; emergency medical technicians; public safety officers; hepatitis B vaccinations; costs 1780 Georgia Environmental Facilities Authority; assistance to local governments for solid waste facilities; fees 1289 Hazardous waste facility permits; notices 240 Historic preservation ordinances 1160 Hospital authorities; open records 553 Joint county and municipal sales and use tax; special districts; distributions to qualified municipalities 1178 Joint Municipal Employees Benefit System; employers; credit unions 611 License, occupation, and professional taxes; exemption; marriage and family therapists 890 Local bords of education; qualifications of members 425 Low phosphorus household laundry detergents; sale 319

Page CXIV

Metropolitan area planning and development commissions; operating expenses 258 Municipal courts; bail 1714 Municipal courts; jurisdiction of traffic offenses 604 Municipal officers; residency requirement 596 Municipal road systems; contracts 356 Municipalities; annexation in counties of 480,000-580,000 153 Municipalities; consent to build limited-access roads 163 Municipalities; conveyance of property without bids 1418 Municipalities; home rule; petitions to amend charters 1584 Municipalities; municipal officers; elections; terms; local Acts 44 Municipalities; municipally owned natural gas transmission and distribution facilities 692 Municipalities; service of process; water service 812 Municipalities of 400,000 or more; housing authorities 1241 Municipalities of not less than 400,000; councils binding future councils; mayors; contracts 1287 Planning; state-wide and regional planning and development; duties 1317 Police chiefs; training 1637 Public works contracts; bids 356 Public works contracts; bonds; contracts under $40,000.00 1794 Public works contracts; letters of credit in lieu of bonds 278 Public works contracts; payment bonds; security deposits; actions; time limits 461 Redevelopment Powers Law; taxable value redefined 1398 Rewards in felony cases 290 Street improvement bonds; interest rate 1078 Witness fees for law enforcement officers, correctional officers, arson investigators, firemen, and others 332 LONG, MARVRICK Compensation 725 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Probation officers; county supplements 4032 LOW, JULIETTE GORDON Highway designated 711 LOW PHOSPHORUS HOUSEHOLD LAUNDRY DETERGENTS Sale 319 LOWNDES COUNTY Board of commissioners; compensation 3575

Page CXV

Board of education; number of members; districts; elections; vacancies; referendum 3578 Lowndes County Enhanced 911 Service District Act 4842 Motor vehicle registration periods 3574 LUDOWICI, CITY OF Council; election districts 4246 LUMPKIN COUNTY Commissioner; compensation 4865 M MACON, CITY OF Council; special meetings; notice 5336 Macon-Bibb County Water and Sewerage Authority; Employees Pension Plan 4202 Macon Fire and Police Employee's Retirement System; benefits 5220 Macon Fire and Police Employee's Retirement System; death benefit 5242 Macon Pensions and Retirement System; benefits; optional forms of payment 5330 Macon Pensions and Retirement System; eligibility 5285 Mayor and council; terms 4340 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Employees Pension Plan 4202 MACON JUDICIAL CIRCUIT Bibb County; judges; supplements; senior judges 4286 District attorney; salary supplement 4009 MADISON, CITY OF Northeast Georgia Surface and Air Transportation Commission 4596 MADISON COUNTY Board of commissioners; compensation; expenses 4716 Northeast Georgia Surface and Air Transportation Commission 4596 MAGISTRATE COURTS Chief magistrates; minimum compensation 426 Chief magistrates and magistrates; bonds; oaths; certificates 247 Civil jurisdiction 320

Page CXVI

Jurisdiction over waivers of extradition 338 MANCHESTER, CITY OF Governing authority; name changed to city council 4813 MANUFACTURED HOMES State minimum standard codes 1659 MARIETTA, CITY OF Board of education; qualifications; vacancies 4588 Cobb County-Marietta Water Authority; members; terms; quorum; compensation; fines 4711 Downtown Marietta Development Authority; conveyance of state property 59 Marietta-Cobb County Anti-Drug Commission; creation 4233 Mayor and council; mayor pro tem; municipal court; board of lights and waterworks; probation office 4583 Mayor and council; qualifications; mayor pro tem; board of lights and waterworks; probation office; fees 4262 Mayor and council; terms 5381 Municipal court; fines 5131 MARIETTA-COBB COUNTY ANTI-DRUG COMMISSION Creation 4233 MARINAS Lease of state owned marshland and water bottoms; private docks 574 Powers of the Department of Natural Resources 274 MARION COUNTY Superior court; additional judge 200 MARRIAGE Licenses; immediate issuance; sanctions 605 Retired judges of the probate courts performing ceremonies 593 MARRIAGE AND FAMILY THERAPISTS License, occupation, and professional taxes; exemption 890 MARSHLANDS Lease of state owned marshland and water bottoms for marinas; private docks 574

Page CXVII

MARTIN, TOWN OF Mayor; term 3883 MCDUFFIE COUNTY Board of commissioners; compensation; expenses 3897 Coroner; compensation 3899 MEAT Inspections of facilities and meat; exemptions; rabbits 335 MEDICAL ASSISTANCE Department; supplemental appropriations for S.F.Y. 1988-89 41 MEDICAL MALPRACTICE Statute of limitations; affidavits 419 MEIGS, CITY OF Mayor and council; terms; organizational meeting 5394 MENTAL HEALTH Alcoholics and intoxicated persons; treatment; effective date of law 501 Code revision 14 Community services for the mentally retarded; payment for services 459 Mental retardation caused by inherited metabolic disorders; congenital adrenal hyperplasia 369 Northwest Georgia Regional Hospital; Romeo Diprima Center; Mildred Knight Prevocational Center for the Developmentally Disabled; Ellis Hale Training and Treatment Center for Adolescents; designated 734 Residential care facilities 792 Traumatic brain injury; definition 1566 Traumatic brain injury; definition Vetoed SB 235 MERIWETHER COUNTY Board of commissioners; compensation; expenses 3931 Superior court; judges; salary supplement 3859 METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS Operating expenses 258 Regional development centers 1317

Page CXVIII

METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY Creation 5078 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Operating costs; interest; investments 4313 METROPOLITAN RIVER PROTECTION ACT Planning and development 1317 MIDDLE GEORGIA COLISEUM AUTHORITY Bonds 4006 MILDRED KNIGHT PREVOCATIONAL CENTER FOR THE DEVELOPMENTALLY DISABLED Designated 734 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Disabled veterans; fees at state parks, historic sites, and recreational areas 517 MINORS Traffic citations not proper identification for purchase of alcoholic beverages 1227 MONROE, CITY OF Northeast Georgia Surface and Air Transportation Commission 4596 Water, Light, and Gas Commission; members; terms 4130 MONROE COUNTY Superior court; clerk; annual salary in lieu of fees 3569 MONTICELLO, CITY OF Employee residency requirements repealed; municipal court; fines 4218 MORGAN COUNTY Morgan County Water Authority; creation 4670 Northeast Georgia Surface and Air Transportation Commission 4596

Page CXIX

MORGAN COUNTY WATER AUTHORITY Creation 4670 MOTION PICTURES Sales and use taxes on film rentals 622 MOTOR FUELS TAXES Sales and use taxes 62 MOTOR VEHICLES AND TRAFFIC Certificates of title; odometer readings; liens 1186 Chemical tests for persons involved in serious traffic accidents; deletion of license suspensions 1698 Code revision 14 College and university campus law enforcement agencies; radar speed detection devices 586 Drivers' licenses in lieu of bail 448 Drivers' licenses; points for certain offenses; suspension; revocation 555 Drivers' licenses; presumption of notice by mail; classifications of licenses; license examinations; corrected licenses 519 Drivers' licenses; retention of suspended, canceled, or revoked licenses 628 Drivers' licenses; suspensions; chemical tests for persons involved in serious traffic accidents 1698 Drivers' licenses, tags, and tag registrations; suspension; Georgia Motor Vehicle Accident Reparations Act 510 Drivers' licenses; Uniform Commercial Driver's License Act 519 Driving a commercial vehicle while under the influence 519 Driving while license suspended or revoked; reckless driving; penalties 350 Emissions inspections; sticker replacement when windshield is replaced 1404 Farm trailers and semitrailers; implements of husbandry; lights; escort vehicles; slow-moving vehicle emblems 298 Funeral processions; right of way; penalties 1803 Handicapped identification cards 628 Handicapped Parking Law; nonambulatory permanently handicapped persons; parking places 572 Improperly parked cars and trespassing personal property; removal; notices; liens; fees; actions; damages; penalties; municipalities of 100,000 or more 1230 License plates; colleges and universities; firefighters 921 License plates; persons processing applications; bonds 1403 License plates; rebuilt or salvage vehicles; disabled license plates; county decals; Department of Public Safety; elected officials; certificates of title; liens; odometer readings; temporary registration permits 1186 License plates; surety bonds for purchase; authorization repealed 857 Motorcycle, motor scooter, and moped service or repair; liens 1489

Page CXX

Motorcycle operators; headsets and headphones 1399 Motor vehicle insurance; premium reductions; defensive driving courses; driver improvement clinics 1719 Municipal courts; jurisdiction of traffic offenses 604 Nonoriginal equipment manufacturer aftermarket crash parts; salvage certificates of title 1396 School bus redefined 1792 School crossing guards; powers 516 Serious injury by vehicle; reckless driving 232 Service of process on the Secretary of State 364 Stolen motor vehicles; insurers; by-hand delivery of affidavits; false statements 328 Traffic citations not proper identification for purchase of alcoholic beverages 1227 Traffic misdemeanor trials in probate courts; district attorneys and state court solicitors; duties 354 Uniform Commercial Driver's License Act 519 Used car dealers 154 Vehicle length; agricultural commodities; produce; livestock Vetoed HB 464 Vehicle length; automobile carriers; vehicles transporting live poultry Vetoed HB 473 Vehicle length; loads extending beyond the rear of vehicle 1569 Vehicle length and weight; maximum length and weight per axle; bimodal semitrailers; semitrailer rear-end protection devices 693 Vehicle service agreements; extended warranty agreements; regulation 680 Windows; light transmission; affixing materials to windows; materials shipped into the state; labeling 896 MOUNTAIN PARK, CITY OF Mayor and councilmen; compensation 4414 MOUNTVILLE WATER AUTHORITY Abolished; transfer of assets and obligations to the City of LaGrange 3910 MULTILINE HEAVY EQUIPMENT DEALERS AND SUPPLIERS Regulation 1771 MUNICIPAL CORPORATIONS Annexation in certain counties (480,000-580,000) 153 Authorities; annual report of indebtedness 908 Boards of education; qualifications of members 425 Bonds; Georgia Allocation System 165 Conveyance of property without bids 1418 Dangerous dogs; local ordinances; registration 159 Dangerous dogs; warning signs 1552 Deferred compensation plans 313

Page CXXI

Drug crimes; buildings or structures; powers 1161 Erosion and Sedimentation Act of 1975; ordinances; minimum standards; enforcement 1295 Family violence centers; grants 1108 Fire departments; emergency powers; bomb threats 271 Firemen; emergency medical technicians; public safety officers; hepatitis B vaccinations 1780 Hazardous waste facility permits; notices 240 Historic preservation ordinances 1160 Home rule; petitions to amend charters 1584 Hospital authorities; open records 553 Housing authorities in cities of 400,000 or more; resident commissioners; quorum 1241 Joint county and municipal sales and use tax; special districts; distributions to qualified municipalities 1178 Joint Municipal Employees Benefit System; employers; credit unions 611 License, occupation, and professional taxes; exemption; marriage and family therapists 890 Limited-access roads; municipal consent 163 Low phosphorus household laundry detergents; sale 319 Municipal courts; bail 1714 Municipal courts; jurisdiction of traffic offenses 604 Municipal officers; elections; terms; local Acts 44 Municipal officers; residency requirement 596 Municipal road systems; negotiated contracts 356 Municipalities in counties of 160,000 or more; Sunday sales of alcoholic beverages 1487 Municipalities of not less than 400,000; councils binding future councils; mayors; contracts 1287 Municipally owned natural gas transmission and distribution facilities 692 Planning and development 1317 Police chiefs; training 1637 Public works contracts; bids 356 Public works contracts; bonds; contracts under $40,000.00 1794 Public works contracts; letters of credit in lieu of bonds 278 Public works contracts; payment bonds; security deposits; actions; time limits 461 Redevelopment Powers Law; taxable value redefined 1398 Rewards in felony cases 290 Service of process; water service 812 Solid waste facilities; Georgia Environmental Facilities Authority; assistance; fees 1289 Street improvement bonds; interest rate 1078 Witness fees 332 MUNICIPAL COURTS Bail 1714 Jurisdiction of traffic offenses 604

Page CXXII

MUNICIPAL GAS AUTHORITY OF GEORGIA Principal office; venue of actions 471 MURRAY COUNTY Board of education 3923 Magistrate court; chief magistrate and magistrates; compensation; employees 3925 William A. Ridley Bridge; designated 746 MUSCOGEE COUNTY Coroner; compensation 4132 Probate court; judge; compensation 4416 State court; judges; compensation 3994 State court; solicitor and full-time assistant solicitors; compensation 4004 Superior court; additional judge 200 N NEWNAN, CITY OF Mayor and council; elections; terms 3914 Mayor and council; terms 5362 Municipal court; judges; qualifications 5327 NEWSPAPERS County organs 1248 Legal advertisements; rates 325 NEWTON COUNTY Board of commissioners; chairman; compensation 3983 Newton County Water and Sewerage Authority; membership 4667 Superior court; judges; salary supplement 4118 NEWTON COUNTY WATER AND SEWERAGE AUTHORITY Membership 4667 NOLLE PROSEQUI Notice to defendant and defendant's attorney 585 NORCROSS, CITY OF City council; organizational meeting 5359 City council; terms 4873

Page CXXIII

Council; terms 5356 Elections 5360 Municipal election dates 5355 NORTHEAST GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION Creation 4596 NORTHWEST GEORGIA REGIONAL HOSPITAL Romeo Diprima Center; Mildred Knight Prevocational Center for the Developmentally Disabled; Ellis Hale Training and Treatment Center for Adolescents; designated 734 NUISANCES Agricultural facilities; farm labor camps or facilities for migrant farm workers 317 Buildings and structures in which drug crimes are being committed; powers of counties and municipalities 1161 Code revision 14 NURSES Drugs; medical treatments; diagnostic studies 261 O OAKWOOD, CITY OF Council; organizational meeting; election date; mayor and council; terms 4075 OCONEE COUNTY Northeast Georgia Surface and Air Transportation Commission 4596 Oconee Utility Authority; abolished; property transferred 4358 OCONEE ELECTRIC MEMBERSHIP CORPORATION Easement through state owned property in Wilkinson County 737 OCONEE UTILITY AUTHORITY Abolished; property transferred 4358 OFFICE OF FAIR EMPLOYMENT PRACTICES Status reports on complaints 1210

Page CXXIV

OFFICIAL CODE OF GEORGIA ANNOTATED Code revision; reenactment 14 Elections; revision 10 Foreclosure fraud; cross-reference 13 Retirement and pensions; Title 47; revision 52 OFFICIAL STATE REPTILE Gopher tortoise designated 297 OGLETHORPE COUNTY Board of commissioners; chairman; compensation 3505 Northeast Georgia Surface and Air Transportation Commission 4596 Oglethorpe County Water Authority; creation 3605 OGLETHORPE COUNTY WATER AUTHORITY Creation 3605 OGLETHORPE POWER CORPORATION AND ALTAMAHA ELECTRIC MEMBERSHIP CORPORATION Easement across state property in Tattnall County 760 OLYMPIC GAMES Georgia State Games Commission; creation; Olympic training centers 1786 Metropolitan Atlanta Olympic Games Authority; creation 5078 OPEN MEETINGS School disciplinary tribunals; closed hearings 836 OPEN RECORDS Hospital authorities 553 Public school employees health insurance; confidentiality 1146 School disciplinary tribunals; closed records 836 Staff services to members of the General Assembly 827 Trade secrets 569 P P. C. TOWERS, L. P. Conveyance of state owned property in the City of Atlanta 768

Page CXXV

PAGERS Prohibited at schools 1394 PAROLE Maximum period of supervision 855 PARROTT, CITY OF Mayor and council; elections 5403 PARTNERSHIPS Georgia Revised Uniform Limited Partnership Act; revision; names; registered offices and agents; certificates; mergers; registration; records; distributions; withdrawal; dissolution; trade names 931 Partnerships; statements of partnership; presumptions; property; dissolution; agreements to continue business; title to real property 927 PATTERSON, CITY OF Municipal offices; terms 5382 PAULDING COUNTY Magistrate court; law library fees 4719 Superior court; terms 283 PAWNBROKERS Interest and pawnshop charges; inspections by law enforcement officers; replacement goods; liens; redemption 819 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Georgia Firemen's Pension Fund; membership; creditable service 339 Payments to the fund; forms; fines and forfeitures 225 Peace officer redefined; wardens; guards 228 PEACH COUNTY Board of commissioners; compensation 4876 District attorney; salary supplement 4009 Magistrate court; law library fees 4564 Probate court; jurisdiction; marijuana cases 4853

Page CXXVI

PEACH PARKWAY Designated 707 PEANUTS Georgia Agricultural Commodities Commission for Peanuts 1420 PELHAM, CITY OF Mayor and council; elections; terms 4407 Mayor and council; terms 5402 PENAL INSTITUTIONS Abandonment; suspension of sentences 381 Code revision 14 Department of Corrections; children or youth in custody; education; records 1693 Escape; revocation of probation 329 Georgia Building Authority (Penal); bonds 415 Georgia Correctional Industries Administration; earnings 415 Guards; indemnification; subrogation 1244 Jail Construction and Staffing Act 1753 Juveniles; detention; basic principles 838 Overcrowding; state of emergency; facilities 57 Parole; maximum period of supervision 855 Probation; departments and supervisors not to collect civil support payments 380 Probation; revocation; alternatives to confinement; violations; maximum period of supervision on probation or parole 855 Probation; revocation; transfer to county of original conviction Vetoed HB 576 Probation; suspension of running of probated sentences 452 Probation; work or community service in lieu of incarceration 331 Regional jails; employment or training of inmates; probation; transfer upon revocation to county of original conviction Vetoed HB 576 Voluntary surrender program 607 Witness fees for correctional officers and others 332 PERRY, CITY OF Ordinances; adoption 4345 PEST CONTROL State Structural Pest Control Commission; termination date 327 PHARMACISTS Medicaid Prescription Drug Bidding and Rebate Program 852

Page CXXVII

Pharmacies operated by colleges of pharmacy; permits 509 PHYSICIANS' ASSISTANTS Drugs; medical treatments; diagnostic studies 261 PHYSICIANS FOR RURAL AREAS ASSISTANCE ACT Enacted; loans to physicians 1234 PINE STRAW Harvesting and sale; requirements; penalties 386 PLANNING AND DEVELOPMENT Governor's Development Council; creation; state-wide planning and development 1317 Regional development centers 1317 PLUMBERS Examinations; review courses 1617 PODIATRISTS Continuing education; reciprocity; complaints 295 POLK COUNTY Board of elections and registration; creation 4652 Magistrate court; lab library fees 4650 Superior court; terms 283 Tax commissioner; compensation 3920 POLYGRAPH EXAMINERS Qualifications; interns; rights of examinees; records 797 POOLER, CITY OF Ad valorem taxes; millage rate; certifications 4568 PORT WENTWORTH, CITY OF Ad valorem taxes; millage rate; certifications 4568 Corporate limits; referendum 5105

Page CXXVIII

POST-MORTEM EXAMINATIONS Embalming; specimens; blood tests 829 POULAN, CITY OF Municipal elections; mayor and councilmen; terms 4572 PROBATE COURTS Certain counties; concurrent jurisdiction with superior courts over appointment of trustees and acceptance of a trustee's resignation 917 Chief magistrates and magistrates; bonds; oaths; certificates 247 County organs; judge to notify Secretary of State 1248 Executive Probate Judges Council of Georgia; membership; terms; meetings 245 Guardians; jurisdiction 1155 Guardianships of property of incapacitated adults; certificates; filing by judge or clerk 571 Judges; qualification of candidates; affidavits 1091 Judges; salary; longevity increases 801 Judges; vacancies; chief clerk assuming duties; compensation 361 Jurisdiction; estates; residence of decedents in nursing homes at death 1193 Marriage licenses; immediate issuance; sanctions for improper issuance 605 Retired judges; marriage ceremonies 593 The Council of Probate Court Judges of Georgia; contracts for educational material 1247 Traffic misdemeanors; district attorneys and state court solicitors; duties 354 PROBATION Escape 329 Revocation; alternatives to confinement; violations; maximum period of supervision on probation or parole 855 Revocation; transfer to county of original conviction Vetoed HB 576 Suspension of running of probated sentences 452 Work or community service in lieu of incarceration 331 PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Supervisors; examinations; marriage and family therapy licenses; board; termination date 825 PROFESSIONS AND BUSINESSES Accountants; examinations; temporary certificates; foreign certificates, licenses, or degrees; continuing education 1098 Athlete agents; registration; contracts; penalties; bonds; notices; signing contracts prior to termination of athlete's eligibility 370

Page CXXIX

Athletic trainers; reciprocity; expiration of licenses; continuing education; Georgia Board of Athletic Trainers; termination date 454 Attorneys; searches of law offices; procedure 1687 Auctioneers; qualifications; bonds; insurance companies or financial institutions; revocation or suspension of licenses; escrow or trust accounts; government auctions 1409 Blasting or excavating near underground gas pipes or utility facilities; revocation of professional or occupational licenses, certificates, or registrations 495 Boxing; State Boxing Commission; termination date 840 Boxing and wrestling; State Boxing and Wrestling Commission created Vetoed HB 15 Chiropractors; profits from sale of vitamins, minerals, and food supplements 460 Code revision 14 Dietitians; Georgia Board of Examiners of Licensed Dietitians; termination date 291 Fire protection sprinkler systems 1124 Hearing aid dealers and dispensers; examinations; apprentice dispensers' permits 423 Itinerant entertainers; service of process on the Secretary of State 364 Marriage and family therapists; license, occupation, and professional taxes; exemption 890 Medical malpractice 419 Medicine; informed consent to medical treatment; time period 178 Motor vehicle license plate applications; private processors; bonds 1403 Nurses; authority to order or dispense drugs, medical treatments, or diagnostic studies 261 Pawnbrokers 819 Pest control; State Structural Pest Control Commission; termination date 327 Pharmacists; Medicaid Prescription Drug Bidding and Rebate Program 852 Pharmacists; pharmacies operated by colleges of pharmacy; permits 509 Physicians' assistants; authority to order or dispense drugs, medical treatments, or diagnostic studies 261 Physicians for Rural Areas Assistance Act; loans 1234 Podiatrists; continuing education; reciprocity; complaints 295 Polygraph examiners; qualifications; interns; rights of examinees; records 797 Professional counselors, social workers, and marriage and family therapists; supervisors; examinations; marriage and family therapy licenses; board; termination date 825 Real estate brokers and salespersons; nonresident corporations; brokers of other states; licenses; real estate education, research, and recovery fund 1619 Registered foresters; examinations; education 352 Speech-language pathologists and audiologists; workplace hearing conservation programs; technicians 1602 State Board of Recreation Examiners; termination date 1181 State Board of Registration for Used Motor Vehicle Dismantlers; continuation 414

Page CXXX

State Construction Industry Licensing Board; examinations; review courses; termination date; 1617 State Construction Industry Licensing Board; licenses; exceptions; lawn sprinkler systems; conditioned air systems 1600 State Construction Industry Licensing Board; utility contractors; licensing; foremen; bids 1756 Used car dealers; definitions; State Board of Registration of Used Car Dealers; licenses 154 Utility contractors; licensing; foremen; bids 1756 Water and wastewater treatment plant operators and laboratory analysts; continuing education 304 Wrestling; State Boxing and Wrestling Commission created Vetoed HB 15 PROPERTY Baited fields; hunting; signs 469 Buildings and structures in which drug crimes are being committed; powers of counties and municipalities 1161 Churches; occupant loads; fire safety 918 Code revision 14 Deeds to secure debt; mailing addresses of grantees and transferees; recording; defenses to foreclosure 859 Disclosure of virus, disease, homicide, felony, or suicide; actions 1633 Disposition of Unclaimed Property Act; amendment to conform to revision of Georgia Business Corporation Code 946 Disposition of Unclaimed Property Act; time; insubstantial commercial value; persons charging fees to locate unclaimed property 1115 Fire protection sprinkler systems 1124 Foreclosure fraud 13 Foreclosures on personalty; immediate writs of possession; transactions involving bad checks 803 Georgia Historic Preservation Act; exemptions; local ordinances of cities and counties 1160 Georgia Register of Historic Places; creation 1598 Georgia Relocation Assistance and Land Acquisition Policy Act of 1973; conformity with federal law; replacement housing 213 Historic property; rehabilitation; ad valorem taxes 1585 Land registration 563 Liens; bicycle, motor scooter, moped, motorcycle, lawn mower, garden equipment, or related equipment repair or service 1489 Liens; improperly parked cars and trespassing personal property 1230 Liens; mechanics and materialmen; actions in rem; notices 438 Liens; motor vehicles 1186 Liens; pawnbrokers 819 Liens on property paid for with bad checks 805 Partnerships; title to real property; partnership continuing the business of a dissolved partnership 927 Pawnbrokers; interest and pawnshop charges; inspections by law enforcement officers; replacement goods; liens; redemption 819

Page CXXXI

Recording canceled and satisfied mortgages; canceling lost security deeds; fees of clerks 498 Rehabilitated historic property; ad valorem taxes; preferential classification and assessment 1585 Removal of improperly parked cars and trespassing personal property; notice; maximum fees; liens; municipalities of 100,000 or more; civil actions; damages; penalties 1230 Shopping centers; fire protection 815 State minimum standard codes 1659 State-wide and regional planning and development 1317 Tax deeds; ripening by prescription; notices of foreclosure of the right to redeem property sold for taxes 1391 Time-share programs; definitions; taxation; campsite time-share programs 321 PUBLIC ASSISTANCE Overpayments; recovery 466 See also Social Services PUBLIC DOCUMENTS Distribution; reports 1129 See also Public Records PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988 Governor's Employment and Training Council; duties 443 PUBLIC HOUSING Fraudulently obtaining; definition 1242 PUBLIC OFFICERS AND EMPLOYEES Bonds; chief magistrates and magistrates; oaths; certificates 247 Budget Act; approval of state contracts; exemption of contracts approved by the State Board of Technical and Adult Education 603 Candidates; challenges to qualifications 900 Charitable contributions; board of regents; university system; wage and salary deductions 878 Code revision 14 Commissioner of industry, trade, and tourism; department; board 1641 Coroners; post-mortem examinations; embalming; specimens; blood tests 829 Coroners; qualification of candidates; affidavits 1091 Coroners; reports; fees; peace officers 417 County boards of education; group medical and dental insurance for members 685 County boards of health; compensation 312 County offices; residency requirement 596

Page CXXXII

County surveyors; appointment or election 919 Court of Appeals; Judges; compensation 212 Deferred compensation plans; confidentiality of records 313 Elected county officers and personnel thereof; insurance; retirement and pensions 1284 Fair Employment Practices, Office of; status reports on compliants 1210 Georgia Post-mortem Examination Act; embalming; taking and examining specimens and articles; blood tests 829 Georgia Post-mortem Examination Act; fees; reports 417 Governor; Budget Act; approval of state contracts; exemption of contracts approved by the State Board of Technical and Adult Education 603 Governor; rewards in felony cases; local governments 290 Governor's Development Council; creation; powers; state-wide planning and development 1317 Great seal of the state; use or display; campaign advertising 1122 Law enforcement officers; firemen; emergency medical technicians; prison guards; indemnification; subrogation 1244 Local boards of education; qualifications of members 425 Municipal officers; residency requirement 596 Public Employee Hazardous Chemical Protection and Right to Know Act of 1988; Governor's Employment and Training Council; duties 443 Recall Act of 1989 1721 School bus drivers; accumulated unused sick leave; transfer 592 School bus drivers; minimum salaries 326 Secretary of State; county organs; notices; lists 1248 Secretary of State; filing of documents; corporations and associations 1027 Secretary of State; financial institutions; incorporation; filings 1257 Secretary of State; Georgia Laws; House and Senate Journals 1129 Secretary of State; service of process on the Secretary of State 364 State Board of Workers' Compensation; compensation 579 State employees' health insurance plan; coverage of employees of Georgia Hazardous Waste Management Authority 490 State employees' health insurance plan; definitions; subordination of coverage; payment of benefits; confidentiality of records 1148 State Merit System of Personnel Administration; sick leave; personal leave 1582 State Merit System of Personnel Administration; working test employees Vetoed HB 104 State Merit System of Personnel Administration; working test employees; management review 279 Superior court judges' secretaries; reemployment; pay level 54 Supreme Court of Georgia; Justices; compensation 212 PUBLIC RECORDS Public documents; distribution; reports 1129 Public school employees' health insurance; confidentiality 1146 School disciplinary tribunals 836 Staff services to members of the General Assembly 827

Page CXXXIII

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Georgia Firemen's Pension Fund; exemption 48 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM 1988 amendatory Act repealed 250 PUBLIC SERVICE COMMISSION Jurisdiction; municipally owned natural gas transmission and distribution facilities 692 Study of state-wide dual party telephone relay system for hearing or speech impaired persons 657 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Blasting or excavating near underground gas pipes or utility facilities; revocation of professional or occupational licenses, certificates, or registrations 495 Code revision 14 Municipal Gas Authority of Georgia; principal office; venue of actions 471 Public Service Commission; jurisdiction; municipally owned natural gas transmission and distribution facilities 692 Public Service Commission; study of state-wide dual party telephone system for hearing or speech impaired persons 657 Railroads; acquisition of abandoned railroad lines and property by the State Properties Commission 1238 Railroads; amendment to conform to revision of Georgia Business Corporation Code 946 Rural Telephone Cooperative Act; amendment to conform to revision of Georgia Business Corporation Code 946 Utility contractors; licensing; foremen; bids 1756 PULASKI COUNTY Deputy sheriffs; compensation; number 4449 PUTNAM COUNTY Battle Smith Bridge; designated 763 Coroner; deputy coroner; compensation; expenses 4068 Q QUALITY BASIC EDUCATION ACT Children or youth in custody of Department of Corrections or Department of Human Resources; education; records 1693 Funding for direct instructional costs 690

Page CXXXIV

Midterm adjustments; middle school 687 School bus drivers; minimum salaries 326 Sparsity grants 1228 R RABBITS Meat inspection 335 RADIO Libel and slander; retractions and corrections 408 RAILROADS Acquisition of abandoned railroad lines and property by the State Properties Commission 1238 Amendment to conform to revision of Georgia Business Corporation Code 946 RAPE Evidence; exceptions to inadmissibility 272 REAL ESTATE BROKERS AND SALESPERSONS Nonresident corporations; brokers of other states; licenses; real estate education, research, and recovery fund 1619 RECALL ACT OF 1989 Enactment; recall of public officials; procedure 1721 RECORDS Hospital authorities 553 Public school employees health insurance; confidentiality 1146 School disciplinary tribunals 836 Staff services to members of the General Assembly 827 Trade secrets 569 RECREATION EXAMINERS, STATE BOARD OF Termination date 1181 REDEVELOPMENT POWERS LAW Taxable value redefined 1398

Page CXXXV

REGIONAL DEVELOPMENT CENTERS Creation as successors to area planning and development commissions 1317 REGISTERED FORESTERS Examinations; education 352 REIDSVILLE, CITY OF Council; quorum; voting 5302 RENDERING PLANTS Inspection and licensing 1414 REPTILE Gopher tortoise designated as official state reptile 297 RESIDENCY County and municipal officers; requirements 596 RETIREMENT AND PENSIONS Code revision 52 Elected county officers and personnel thereof 1284 Employees' Retirement System of Georgia; superior court judges and district attorneys; eligibility 347 Georgia Firemen's Pension Fund; disability benefits 50 Georgia Firemen's Pension Fund; membership; creditable service; Peace Officers' Annuity and Benefit Fund; leaves of absence; withdrawals; disability benefits 339 Joint Municipal Employees Benefit System; employers; credit unions 611 Peace Officers' Annuity and Benefit Fund; Georgia Firemen's Pension Fund; membership; creditable service 339 Peace Officers' Annuity and Benefit Fund; payments to the fund; forms 225 Peace Officers' Annuity and Benefit Fund; peace officer redefined; wardens; guards 228 Public Retirement Systems Standards Law; Georgia Firemen's Pension Fund; exemption 48 Public School Employees Retirement System; 1988 amendatory Act repealed 250 Sheriff's Retirement Fund of Georgia; fees in civil actions; penalties and interest for late payment 1153 Superior Court Judges Retirement Fund of Georgia; service by senior judges; compensation 832 Superior Court Judges Retirement System; continued contributions; benefits subject to domestic relations orders 347 Superior Court Retirement System; members reelected in 1988 80

Page CXXXVI

Superior Court Judges Retirement System; service by senior judges; compensation 832 Teachers Retirement System of Georgia; 1988 amendatory Act (Ga. L. 1988, p. 697) repealed 251 Teachers Retirement System of Georgia; average compensation; calculation 249 Teachers Retirement System of Georgia; transfer of members of a local retirement fund; contributions; refunds 314 REVENUE AND TAXATION Ad valorem taxes; equalized adjusted school property tax digest 597 Ad valorem taxes; rehabilitated historic property; preferential classification and assessment 1585 Ad valorem taxes; state grants to local school systems; tax bills 808 Ad valorem taxes; time-share programs 321 Corporate net worth tax; due date 1118 Excise tax on rooms, lodgings, and accommodations 1 Excise tax on rooms, lodgings, and accommodations 62 Income taxes; estimated taxes; times for installment payments 1110 Income taxes; individuals; mortgage interest; dependent's unearned income; subchapter S corporation income 1112 Income taxes; Internal Revenue Code; defined and incorporated into Georgia law 1402 Income taxes; job tax credit; less developed areas 905 Joint county and municipal sales and use tax; special districts; distributions to qualified municipalities 1178 License, occupation, and professional taxes of counties and municipalities; exemption; marriage and family therapists 890 Local excise taxation of rooms, lodgings, and accommodations 62 Local excise taxation of rooms, lodgings, and accommodations 1 Motor fuels; sales and use taxes 62 Motor vehicles; temporary registration permits 1186 Notices of assessments or proposed assessments; service 1400 Sales and use taxes; exemptions; videotape and motion picture film rental 622 Sales and use taxes; increase; exemptions 62 Sales and use taxes; joint county and municipal tax; temporary increase; authority repealed 504 State school grants to local school systems; inclusion on tax bills 808 Tax commissioners and collectors; salary; longevity increases 801 Tax executions; transfer; notices 457 Tax receivers, tax collectors, and tax commissioners; qualification of candidates; affidavits 1091 Tax sales; notices of foreclosure of the right to redeem property sold for taxes; ripening of tax deed titles by prescription 1391 REWARDS Local governments; felony cases; authorized 290

Page CXXXVII

RICEBORO, CITY OF Corporate limits 4643 RICHMOND COUNTY Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore Vetoed HB 896 Augusta-Richmond County Commission-Council; chairman-mayor; districts; elections; veto; quorum; chairman-mayor pro tempore 3755 Board of education; compensation 4180 Civil court; judges; compensation 4113 Coroner; tax commissioner; compensation 4113 Probate court; judge; compensation 4113 Richmond County Development Authority; conveyance of state property 700 Richmond County Sheriff's Merit System Board; compensation 4151 State court; judge; clerk; compensation 4113 Superior court; judges; district attorney; clerk; 4113 RICHMOND COUNTY DEVELOPMENT AUTHORITY Conveyance of state property 700 RIDLEY, WILLIAM A. Bridge designated 746 RINCON, TOWN OF Homestead exemption; referendum 4024 Mayor and council; terms; elections 4548 RIVERDALE, CITY OF Appointed officers; city marshal 5250 ROCKDALE COUNTY Board of commissioners; vacancies 4059 ROME, CITY OF Rome-Floyd County Commission on Children and Youth; creation 4403 ROMEO DIPRIMA CENTER Designated 734

Page CXXXVIII

RURAL TELEPHONE COOPERATIVE ACT Amendment to conform to revision of Georgia Business Corporation Code 946 S SAFETY FIRE COMMISSIONER Inspection warrants 815 SAILBOARDS Georgia Boat Safety Act; exemption 230 SALE CITY, CITY OF Mayor and council; elections; terms 4638 Mayor and council; terms 5388 SALES Going out of business sales; regulation 560 SALES AND USE TAXES Exemptions; videotape and motion picture film rentals 622 Increase in rate; exemptions 62 Joint county and municipal sales and use tax; special districts; distributions to qualified municipalities 1178 Joint county and municipal tax; temporary increase; authority repealed 504 SANITARY LANDFILLS Operators; certification; location; permits; notices; financial responsibility 144 SASSER, TOWN OF Mayor and council; terms; elections; qualifications 4689 SAVANNAH, CITY OF Ad valorem taxes; millage rate; certifications 4568 Chatham-Savannah Authority for the Homeless Act 4701 Mayor and aldermen; elections; terms 3820 SEAL Great seal of the state; use or display; advertisements 1122

Page CXXXIX

SECRETARY OF STATE County organs; notices; lists 1248 Filing of documents, registrations, and reports concerning corporations and associations 1027 Financial institutions; incorporation; filings 1257 Georgia Laws; House and Senate Journals; distribution; duties 1129 Service of process on the Secretary of State 364 SEED CAPITAL FUND Creation 1674 SENATE Journals; Georgia Laws; distribution 1129 SHELLMAN, CITY OF Mayor and council; elections; qualifications; oaths; meetings; mayor pro tempore 3934 SHERIFFS Qualifications; affidavits of candidates 1091 SHERIFFS' RETIREMENT FUND OF GEORGIA Fees in civil actions; penalties and interest for late payment 1153 SHILOH, CITY OF Homestead exemption; referendum 4084 SMITH, BATTLE Bridge designated 763 SMYRNA, CITY OF Downtown Smyrna Development Authority; creation 4382 Homestead exemption; referendum 3878 Homestead exemption; referendum 4896 Mayor and council; election days; terms 5385 SNELLVILLE, CITY OF Corporate limits 4990

Page CXL

SOCIAL SERVICES Actions against the Department of Human Resources, the Board of Human Resources, or the commissioner of human resources; service 497 Children and Youth Act; day-care centers; local church ministry; religious schools or organizations; commissions; fire safety 1795 Community action agencies; The Economic Rehabilitation Act of 1975; planning 1317 Department of Human Resources; children or youth in custody; education; records 1693 Family violence centers; county and municipal grants 1108 Georgia Service Center for Hearing Impaired Persons; establishment 1636 Medical Prescription Drug Bidding and Rebate Program 852 Public assistance; overpayments; recovery 466 Public housing; fraudulently obtaining 1242 SOLID WASTE Georgia Environmental Facilities Authority; assistance to local governments for solid waste facilities; fees 1289 SOLID WASTE MANAGEMENT ACT Private solid waste disposal sites in counties of more than 350,000; permits; sites within two miles of county line 513 Sanitary landfill operators; certification; classification of sanitary landfills; permits; notices; location; financial responsibility 144 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement across state property in Burke County 773 Easement through state owned property in Taliaferro County 776 SOUTHERN JUDICIAL CIRCUIT Additional judge 180 SPALDING COUNTY Griffin-Spalding County Charter Commission; creation 3802 SPARKS, TOWN OF Mayor and council; elections; terms 4018 SPAS Contracts; requirements; cancellation; refunds 1606

Page CXLI

SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Workplace hearing conservation programs; technicians 1602 SPORTS OFFICIALS Amateur athletic contests; liability; exemption 1603 SPRINGFIELD, CITY OF Easement across state property 754 ST. MARYS, CITY OF Board of pilotage commissioners; agreements 451 Mayor and council; vacancies 4646 STADIUM Geo. L. Smith II Georgia World Congress Center Authority 1195 STATE AUDITOR Equalized adjusted school property tax digest 597 STATE BOARD OF EDUCATION Members; annual public hearings 678 See also Education STATE BOARD OF RECREATION EXAMINERS Termination date 1181 STATE BOARD OF REGISTRATION FOR USED MOTOR VEHICLE DISMANTLERS Continuation 414 STATE BOARD OF REGISTRATION OF USED CAR DEALERS Composition; definitions; licenses 154 STATE BOARD OF TECHNICAL AND ADULT EDUCATION Approval of contracts 603 Members; terms 1096

Page CXLII

STATE BOXING AND WRESTLING COMMISSION Creation Vetoed HB 15 STATE BOXING COMMISSION Termination date 840 STATE CONSTRUCTION INDUSTRY LICENSING BOARD Licenses; exceptions; lawn sprinkler systems; conditioned air systems 1600 Termination date; examinations; review courses 1617 Utility contractors; licensing; foremen; bids 1756 STATE COURTS Solicitors; traffic misdemeanors in probate courts; duties 354 STATE EMPLOYEES' HEALTH INSURANCE PLAN Appropriations; S.F.Y. 1988-89 Vetoed HB 381 Coverage; Georgia Hazardous Waste Management Authority 490 Definitions; subordination of coverage; payment of benefits; confidentiality of records 1148 STATE FORESTRY COMMISSION Pine straw; harvesting and sale; requirements; orders; penalties 386 STATE GOVERNMENT Access to Health Care Commission; creation 1749 Appropriations; Department of Medical Assistance; S.F.Y. 1988-89 41 Appropriations; S.F.Y. 1988-89; state employees' health insurance Vetoed HB 381 Appropriations; S.F.Y. 1989-90 1492 Appropriations; supplemental; Department of Labor 268 Appropriations; supplemental for S.F.Y. 1988-89 81 Criminal Justice Coordinating Council; membership 288 Deferred compensation plans for employees; confidentiality of records 313 Department of Community Affairs; local independent authorities; annual report of indebtedness 908 Departments; public documents and publications; copies; reports to State Board of Education; state library 1129 Fair Employment Practices, Office of; Department of Industry, Trade, and Tourism 1641 Fair Employment Practices, Office of; status reports on complaints 1210 Geo. L. Smith II Georgia World Congress Center Authority; Code revision 14 Geo. L. Smith II Georgia World Congress Center Authority; stadium 1195 Georgia Administrative Procedure Act; Commissioner of Insurance; rules 681

Page CXLIII

Georgia Aviation Hall of Fame; creation 1682 Georgia Commission for the National Bicentennial Celebration 1641 Georgia Development Authority 1641 Georgia Development Authority; amendment to conform to revision of Georgia Business Corporation Code 946 Georgia Environmental Facilities Authority 1641 Georgia Environmental Facilities Authority; assistance to local governments for solid waste facilities; fees 1289 Georgia State Games Commission and Georgia State Games established; Olympic training centers 1786 Gopher tortoise designated as official state reptile 297 Great seal of the state; use or display; campaign posters, signs, or advertisements 1122 Industry and trade; name and title of department, board, and commissioner changed; industry, trade, and tourism 1641 Inventory of personal property; cost 468 Metropolitan area planning and development commissions; operating expenses 258 Nonprofit contractors 1317 Open records; hospital authorities 553 Planning and development 1317 Prison overcrowding; facilities; state of emergency 57 Public records; General Assembly; staff services 827 Public works contracts; bids 356 Public works contracts; bonds; contracts under $40,000.00 1794 Public works contracts; letters of credit in lieu of bonds 278 Public works contracts; payment bonds; security deposits; actions; time limits 461 Seed Capital Fund; creation 1674 State contracts; approval; exemption of contracts approved by the State Board of Technical and Adult Education 603 State employees' health insurance plan; appropriations; S.F.Y. 1988-89 Vetoed HB 381 State employees' health insurance plan; coverage; Georgia Hazardous Waste Management Authority 490 State employees' health insurance plan; definitions; subordination of coverage; payment of benefits; confidentiality of records 1148 State Library and State Law Library 1129 State Mapping and Land Records Modernization Advisory Board; membership 1317 State Merit System of Personnel Administration; working test employees Vetoed HB 104 State Merit System of Personnel Administration; working test employees; management reviews 279 State printing; publications of the executive branch; cost information 1634 State Properties Commission; acquisition of abandoned railroad lines and property 1238 State Tollway Authority; loans; bonds 489

Page CXLIV

STATE HEALTH PLANNING Dialysis; kidney disease treatment centers 1685 STATE LAW LIBRARY Duties 1129 STATE LIBRARY State Board of Education; duties 1129 STATE MAPPING AND LAND RECORDS MODERNIZATION ADVISORY BOARD Membership 1317 STATE MEDICAL EDUCATION BOARD Physicians for Rural Areas Assistance Act 1234 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Sick leave; personal leave 1582 Working test employees Vetoed HB 104 Working test employees; management review 279 STATE MINIMUM STANDARD CODES Application; enforcement by counties and municipalities; inspectors; training programs; manufactured homes 1659 STATE OFFICE OF HOUSING State housing goal reports 792 STATE PROPERTIES COMMISSION Acquisition of abandoned railroad lines and property 1238 See also Tabular Index-Resolutions Authorizing Land Conveyances, Leases, and Easements STATE SEAL Use or display 1122 STATE STRUCTURAL PEST CONTROL COMMISSION Termination date 327

Page CXLV

STATE TOLLWAY AUTHORITY Loans; bonds 489 STATUTE OF LIMITATIONS Medical malpractice 419 STONE MOUNTAIN, CITY OF Corporate limits; deannexation 3619 STONE MOUNTAIN JUDICIAL CIRCUIT Judges; salary supplement 4696 STREET IMPROVEMENT BONDS Interest rate 1078 STRUCTURAL PEST CONTROL COMMISSION Termination date 327 STUBBS, MRS. BRENDA H. Property boundaries established and accepted 713 SUGAR HILL, CITY OF Mayor and council; terms; election dates 5395 SUMNER, TOWN OF Municipal elections; mayor and council; terms 4554 SUMTER COUNTY Conveyance of state owned property 781 SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA Senior judges; service as judges; compensation 832 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Members reelected in 1988 80 Members reelected in 1988; continued contributions; qualified domestic relations orders 347 Senior judges; service; compensation 832

Page CXLVI

SUPERIOR COURTS Alcovy Judicial Circuit; judges; salary supplement 4118 Atlanta Judicial Circuit; additional judge 203 Atlantic Judicial Circuit; additional judge 188 Bail; offenses bailable only before a judge of the superior court; procedure; hearings 1714 Blue Ridge Judicial Circuit; judges; salary supplement 4192 Chattahoochee Judicial Circuit; additional judge 200 Cherokee Judicial Circuit; additional judge 205 Clayton Judicial Circuit; district attorney; salary supplement 4037 Clayton Judicial Circuit; judges; salary supplement 4039 Clayton Judicial Circuit; probation officers; compensation; supplement 4144 Clerks; actions in rem; notices; liens 438 Clerks; deeds to secure debt; recording 859 Clerks; fees 14 Clerks; fees 498 Clerks; fees 931 Clerks; fees 946 Clerks; filing certificates of guardianships of property of incapacitated adults 571 Clerks; notices; selection of boards, authorities, or entities by grand juries 310 Clerks; qualification of candidates; affidavits 1091 Clerks; records, books, dockets, and indicates; fees 395 Clerks; salary; longevity increases 801 Clerks; sheriffs; qualification of candidates; affidavits; sheriffs' qualifications for office 1091 Cobb Judicial Circuit; court administrator 3799 Cobb Judicial Circuit; district attorney and assistants; compensation 4821 Cobb Judicial Circuit; judges; salary supplements 4834 Coweta Judicial Circuit; judges; salary supplements 3859 District attorneys; duties in juvenile courts 824 District attorneys; traffic misdemeanors in probate courts; duties 354 Eastern Judicial Circuit; additional judge 196 Gwinnett Judicial Circuit; judges; salary supplement 4882 Judges' secretaries; reemployment; pay level 54 Lookout Mountain Judicial Circuit; probation officers; salary supplements 4146 Macon Judicial Circuit; district attorney; salary supplement 4009 Macon Judicial Circuit; judges; supplements; senior judges 4286 Senior judges; service; compensation 832 Sheriffs; salary; longevity increases 801 Sheriffs' Retirement Fund of Georgia 1153 Southern Judicial Circuit; additional judge 180 Stone Mountain Judicial Circuit; judges; salary supplements 4696 Superior Court Judges Retirement Fund of Georgia 832 Superior Court Judges Retirement System 80 Superior Court Judges Retirement System 347 Superior Court Judges Retirement System 832 Tallapoosa Judicial Circuit; terms 283

Page CXLVII

SUPREME COURT OF GEORGIA Justices; compensation 212 SWAINSBORO, CITY OF Municipal election date; council posts; mayor and council; terms 4591 T TALBOT COUNTY Board of commissioners; compensation 4366 Superior court; additional judge 200 TALLAPOOSA JUDICIAL CIRCUIT Terms 283 TATTNALL COUNTY Motor vehicle registration periods 4116 TAX COMMISSIONERS, RECEIVERS, AND COLLECTORS Qualification of candidates; affidavits 1091 TAYLOR COUNTY Board of education; compensation 4396 County manager; office created; county clerk; office abolished 4195 Superior court; additional judge 200 TEACHERS RETIREMENT SYSTEM OF GEORGIA 1988 amendatory Act (Ga. L. 1988, p. 697) repealed 251 Average compensation; calculation 249 Transfer of members of a local retirement fund; contributions; refunds 314 TELEVISION Libel and slander; retractions and corrections 408 THE BRANIGAR ORGANIZATION, INC. Exchange of state owned property in Chatham County 1172 THOMAS COUNTY Board of education; elections; terms; districts 4321

Page CXLVIII

THOMAS HUMPHREY HIGHWAY Designated 735 THOMSON, CITY OF Mayor and council; terms 5375 THUNDERBOLT, TOWN OF Ad valorem taxes; millage rate; certifications 4568 Corporate limits 4054 TIFT COUNTY Board of commissioners; meetings; date 3912 State court; sheriff; clerk; compensation 4275 TIFTON, CITY OF City commission; chairman and vice-chairman; terms 4073 City commission; compensation 5260 TIME-SHARE PROGRAMS Definitions; taxes; campsite time-share programs 321 TOCCOA, CITY OF City commissioners; elections; terms 3928 Corporate limits 4523 Mayor; vice-mayor; commissioners; compensation 5293 Purchases 5289 TOOMBS COUNTY Board of commissioners; compensation 4013 TORTS Abusive litigation 408 Abusive litigation 437 Dangerous dogs 159 Dangerous dogs 1552 Frivolous actions and defenses; costs and attorneys' fees 437 Guardians of children; releases 1155 Liability for acts of intoxicated persons; cross-reference correction 301 Libel and slander; visual or sound broadcasts; corrections and retractions 408 Limitation of liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases 502

Page CXLIX

Medical malpractice; statute of limitations; affidavits 419 Sports officials; amateur athletic contests 1603 TRADE NAMES Limited partnerships 931 TRADE SECRETS Definition; contractual rights 569 TRAUMATIC BRAIN INJURY Definition Vetoed SB 235 Definition; facilities 1566 TROUP COUNTY Superior court; judges; salary supplement 3859 TURNER COUNTY Board of education; vacancies 4556 Board of elections; creation 4559 TYBEE ISLAND, CITY OF Ad valorem taxes; millage rate; certifications 4568 TYRONE, TOWN OF Mayor and council; qualifications 4065 U U. S. 441 BUSINESS HISTORIC ROUTE Designated 727 UNADILLA, CITY OF Corporate limits; taxes 4027 Unadilla Arena and Tourism Authority; creation 4434 UNADILLA ARENA AND TOURISM AUTHORITY Creation 4434

Page CL

UNCLAIMED PROPERTY Amendment to conform law to revision of Georgia Business Corporation Code 946 Disposition; time periods; value; persons charging fees to locate unclaimed property 1115 UNDERGROUND STORAGE TANKS Jet turbine fuel tanks; corrective action for releases 256 UNEMPLOYMENT COMPENSATION Eligibility for benefits; persons performing services in educational institutions 302 Payments during temporary layoffs excluded as wages for unemployment compensation purposes 594 Wages; computation date; special cases; weekly benefits 305 UNFAIR TRADE PRACTICES Insurance; direct response advertising 888 UNIFORM COMMERCIAL CODE Commercial paper; statement of reason for dishonor 807 UNIFORM COMMERCIAL DRIVER'S LICENSE ACT Enactment 519 UNIFORM PARTNERSHIP ACT Statements of partnership; presumptions; property; dissolution; agreements to continue business; title to real property 927 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Probation departments and supervisors not to collect civil support payments 380 UNION CAMP CORPORATION Exchange of state owned property in Chatham County 1172 UNION CAMP CORPORATION AND THE DEVELOPMENT AUTHORITY OF CHATHAM COUNTY Easement 741

Page CLI

UNION CITY, CITY OF Ordinances; introduction 5203 UNITED STATES ARMY CORPS OF ENGINEERS Lease of state property in Douglas County 1168 USED CAR DEALERS Definitions; State Board of Registration of Used Car Dealers; licenses 154 UTILITY CONTRACTORS Licensing; foremen; bids 1756 V VERNONBURG, TOWN OF Ad valorem taxes; millage rate; certifications 4568 VIDEOTAPE Sales and use taxes on rentals 622 VILLA RICA, CITY OF Mayor and council; elections; terms; wards 4425 VIRGINIA, STATE OF Easement through state owned property in Wilkinson County 737 VITAL AREAS Planning and development 1317 VITAMINS Chiropractors; profits 460 W WALKER COUNTY Clerk of the superior court; personnel; compensation 4288 Coroner; compensation 4630 Judge of the probate court; personnel; compensation 4291 Probation officers; county supplement 4032

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Tax commissioner; personnel; compensation 4293 WALTON COUNTY Magistrate court; law library fees 4657 Northeast Georgia Surface and Air Transportation Commission 4596 Superior court; judges; salary supplement 4118 WARNER ROBINS, CITY OF Delinquent water bills 5265 WARRANTIES Motor vehicle extended warranty or service agreements; regulation 680 WARREN COUNTY Sheriff; deputy sheriffs; compensation; expenses; equipment 4244 WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS Continuing education 304 WATERCRAFT Abandoned vessels 613 Sailboards 230 WATERS OF THE STATE, PORTS, AND WATERCRAFT Abandoned vessels 613 Clarks Hill Lake, Reservoir, and Area; designation 710 Georgia Boat Safety Act; sailboards; exemption 230 Georgia Water Supply Act; enactment; water supply reservoirs 1304 Lake Sidney Lanier; discharge of sewage from vessels constructed on or before January 1, 1978 656 Lease of state owned marshland and water bottoms for marinas; private docks 574 Marinas; powers of the Department of Natural Resources 274 Pilots; Board of Pilotage Commissioners for the City of St. Marys; agreements 451 WAYCROSS, CITY OF Charter revised and restated 4916 Mayor and commission; eligibility; powers; corporate limits 3501 Municipal court; bonds 5322

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WEAPONS Endangering bodily safety of another while hunting; hunting licenses 292 WEBSTER COUNTY Board of commissioners; creation 4805 WHITE COUNTY Conveyance of state property in White County authorized 708 WHITFIELD COUNTY Board of education; terms; elections; referendum 4901 Coroner; compensation 4575 WILCOX COUNTY Board of commissioners; elections; terms; districts; oath; vacancies 4458 Board of education; elections; districts; local constitutional amendment repealed 4452 WILKES COUNTY Board of commissioners; compensation; insurance; road superintendent 4411 WILKINSON COUNTY TELEPHONE COMPANY Easement through state owned property in Wilkinson County 737 WILLIAM A. RIDLEY BRIDGE Designated 746 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Aliens as administrators or executors; bonds of nonresident executors or coexecutors 914 Code revision 14 Foreign trustees of real property in this state; service of process on the Secretary of State 364 Living wills; witnesses 1182 Private foundations; amendments to conform to revision of Georgia Business Corporation Code 946 Probate courts; jurisdiction; residence of decedents in nursing homes at death 1193 Trustees; appointment; resignation; probate courts in certain counties; jurisdiction 917

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Trusts; amendments to conform to revision of Georgia Business Corporation Code 946 Trusts; insurable interests; personal insurance 1109 WINDER, CITY OF Easement across state property 722 Northeast Georgia Surface and Air Transportation Commission 4596 WORKERS' COMPENSATION Code revision 14 Group self-insurance funds; securities deposits; surplus and expendable surplus requirements; reserves 1075 State Board of Workers' Compensation; members and administrative law judges; compensation; appeals; rehabilitation suppliers 579 WRECKERS Removal of improperly parked cars and trespassing personal property 1230 WRESTLING State Boxing and Wrestling Commission; creation Vetoed HB 15 X Y YOUNG HARRIS, CITY OF Mayor and council; compensation; expenses 5210 Mayor and council; organizational meeting 5352 Z

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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 5,246 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 23,962 21,541 19,739 Colquitt 35,376 32,298 34,048 33,999 33,012 30622 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 12,713 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

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POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808 Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,536 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

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MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31 52 Ben Hill 13 Berrien 7 Bibb 18, 26 27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29 30 Catoosa 53 54 Charlton 6 Chatham 1, 2 3 Chattahoochee 11 15 Chattooga 53 Cherokee 37 51 Clarke 46 Clay 11 Clayton 17 44 Clinch 7 Cobb 32, 33, 37, 56 Coffee 19 Colquitt 10 13 Columbia 23 24 Cook 8 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41/43, 55 Dodge 19 Dooly 13 Dougherty 12 Douglas 30 34 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 51 Fayette 34 Floyd 52 Forsyth 49 56 Franklin 47 Fulton 34/36, 38/40, 56 Gilmer 51 Glascock 21 Glynn 3 6 Gordon 51 Grady 10 Greene 24 Gwinnett 9 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 46 47 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 27 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 4 Lowndes 8 Lumpkin 50 Macon 14 Madison 47 Marion 16 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 11 Monroe 27 Montgomery 20 Morgan 25 Murray 54 Muscogee 15 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22 23 Rockdale 45 Schley 14 Screven 21 Seminole 11 Spalding 28 Stephens 50 Stewart 11 Sumter 14 Talbot 16 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 27 Walker 53 Walton 45 Ware 7 Warren 24 Washington 20 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1989-1990 District Senator Address 23 Frank A. Albert 1432 Reynolds Street, Augusta 30902 22 Thomas F. Allgood Post Office Box 1523, Augusta 30903 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 18 Ed Barker Post Office Box 5036, Warner Robins 31099 33 Roy E. Barnes 4841 Brookwood Drive, Mableton 30059 13 Rooney L. Bowen Post Office Box 1238, Cordele 31015 51 Max R. Brannon Post Office Box 1027, Calhoun 30701 46 Paul C. Broun 165 Pulaski Street, Athens 30610 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 37 Charles C. Clay 30 South Park Square, N.E., Marietta 30060 1 J. Tom Coleman, Jr. Post Office Box 22398, Savannah 31403 17 Mac Collins Post Office Box 3617, Jackson 30233 40 Paul D. Coverdell 2622 Piedmont Road, N.E., Atlanta 30324 45 Harrill L. Dawkins 1445-A Old McDonough Road, Conyers 30207 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 31 Nathan Dean Post Office Box 606, Rockmart 30153 6 Earl Echols Post Office Box 352, Patterson 31557 28 Arthur B. Edge IV Post Office Box 1608, Newnan 30264 21 W. F. English 214 Golf Drive, Swainsboro 30401 34 Beverly L. Engram Post Office Box 908, Fairburn 30213 54 W. W. Fincher, Jr. Post Office Box 400, Chatsworth 30705 50 John C. Foster Post Office Box 100, Cornelia 30531 52 Kenneth C. Fuller Post Office Box 6063, Rome 30161 30 Wayne Garner 109 Stonewall Drive, Carrollton 30117 20 Hugh M. Gillis, Sr. Post Office Box 148, Soperton 30457 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 42 Pierre Howard 1400 Peachtree Place Tower 999 Peachtree Street, N.E., Atlanta 30309 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 47 Don Johnson Post Office Box 27, Royston 30662 4 Joseph E. Kennedy Post Office Box 246, Claxton 30417 25 Culver Kidd Post Office 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 14 Lewis H. McKenzie Post Office Box 565, Montezuma 31063 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328 26 Tommy C. Olmstead Post Office Box 5128, Macon 31298 15 Gary Parker Post Office Box 2666, Columbus 31902 48 Donn M. Peevy Post Office Box 862, Lawrenceville 30246 7 Ed Perry Post Office Box 925, Nashville 31639 9 R. T. Phillips 1703 Pounds Road, Stone Mountain 30087 24 G. B. Pollard, Jr. Post Office Box 6, Appling 30802 10 Harold J. Ragan 1296 Crine Boulevard, N.W., Cairo 31728 32 Hugh A. Ragan 4010 West Cooper Lake Drive, Smyrna 30080 19 Walter S. Ray Post Office Box 295, Douglas 31533 2 Albert J. Scott Post Office 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 Post Office Box 545, Forest Park 30050 55 Lawrence Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 38 Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 12 Mark Taylor Post Office Box 1156, Albany 31702 11 Jimmy Hodge Timmons 105 Robinson Avenue, Blakely 31723 8 Loyce W. Turner 608 Howellbrook Drive, Valdosta 31602 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta 30319 43 Gene Walker 2231 Chevy Chase Lane, Decatur 30032

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1989-1990 District Senator Address 1 J. Tom Coleman, Jr. Post Office Box 22398, Savannah 31403 2 Albert J. Scott Post Office Box 1704, Savannah 31402 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520 4 Joseph E. Kennedy Post Office Box 246, Claxton 30417 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 6 Earl Echols Post Office Box 352, Patterson 31557 7 Ed Perry Post Office Box 925, Nashville 31639 8 Loyce W. Turner 608 Howellbrook Drive, Valdosta 31602 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 105 Robinson Avenue, Blakely 31723 12 Mark Taylor Post Office Box 1156, Albany 31702 13 Rooney L. Bowen Post Office Box 1238, Cordele 31015 14 Lewis H. McKenzie Post Office Box 565, Montezuma 31063 15 Gary Parker Post Office Box 2666, Columbus 31902 16 Ted J. Land 1069 Standing Boy Court, Columbus 31904 17 Mac Collins Post Office Box 3617, Jackson 30233 18 Ed Barker Post Office Box 5036, Warner Robins 31099 19 Walter S. Ray Post Office Box 295, Douglas 31533 20 Hugh M. Gillis, Sr. Post Office Box 148, Soperton 30457 21 W. F. English 214 Golf Drive, Swainsboro 30401 22 Thomas F. Allgood Post Office Box 1523, Augusta 30903 23 Frank A. Albert 1432 Reynolds Street, Augusta 30902 24 G. B. Pollard, Jr. Post Office Box 6, Appling 30802 25 Culver Kidd Post Office Box 370, Millegeville 31061 26 Tommy C. Olmstead Post Office Box 5128, Macon 31298 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 28 Arthur B. Edge IV Post Office Box 1608, Newnan 30264 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 30 Wayne Garner 109 Stonewall Drive, Carrollton 30117 31 Nathan Dean Post Office Box 606, Rockmart 30153 32 Hugh A. Ragan 4010 West Cooper Lake Drive, Smyrna 30080 33 Roy E. Barnes 4841 Brookwood Drive, Mableton 30059 34 Beverly L. Engram Post Office 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 Charles C. Clay 30 South Park Square, N.E., Marietta 30060 38 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 1400 Peachtree Place Tower 999 Peachtree Street, N.E., Atlanta 30309 43 Gene Walker 2231 Chevy Chase Lane, Decatur 30032 44 Terrell Starr Post Office 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 Post Office Box 27, Royston 30662 48 Donn M. Peevy Post Office Box 862, Lawrenceville 30246 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 50 John C. Foster Post Office Box 100, Cornelia 30531 51 Max R. Brannon Post Office Box 1027, Calhoun 30701 52 Kenneth C. Fuller Post Office Box 6063, Rome 30161 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 54 W. W. Fincher, Jr. Post Office Box 400, Chatsworth 30705 55 Lawrence Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328

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GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 153 Atkinson 139 150 Bacon 152 Baker 140 Baldwin 105 107 Banks 11 12 Barrow 64 Bartow 15 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152 153 Brooks 147 Bryan 126 129 Bulloch 110 111 Burke 108 110 Butts 78 Calhoun 131 Camden 151 152 Candler 109 Carroll 69, 70 71 Catoosa 2 3 Charlton 150 151 Chatham 122/128 Chattahoochee 112 130 Chattooga 5 Cherokee 8 10 Clarke 13, 67 68 Clay 131 Clayton 72 Clinch 150 Cobb 20 21 Coffee 139 Colquitt 144 145 Columbia 83 84 Cook 146 Coweta 71, 75, 77 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

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1989-1990 District Representative Address 56 Betty D. Aaron 607E Legislative Office Building Atlanta 30334 39 Ralph David Abernathy III 2785 Engle Road, N.W. Atlanta 30318 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 Post Office Box 497 Conyers 30207 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 72-Post 5 Frank I. Bailey, Jr. Post Office Box 777 Riverdale 30274 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 140 Ralph J. Balkcom Route One Blakely 31723 62 Charles Bannister 312Emily Drive Lilburn 30247 120 Fisher Barfoot 1302 North Loop Road Vidalia 30474 108 Emory E. Bargeron Post Office Box 447 Louisville 30434 10 Bill H. Barnett Post Office Box 755 Cumming 30130 59 Mike Barnett 4779 St. Moritz Drive Lilburn 30247 141 Kermit Francis Bates, Jr. 1403 Douglas Drive Bainbridge 31717 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 One Gordon 31031 94 Sanford D. Bishop, Jr. Post Office Box 709 Columbus 31902 138 Henry Bostick Post Office Box 94 Tifton 31793 137 Paul S. Branch, Jr. Route Four Post Office Box 499-A Fitzgerald 31750 60 Keith Breedlove Post Office Box 165 Buford 30518 34 Tyrone Brooks Post Office Box 11185 Atlanta 30310-0185 88 George M. Brown Post Office Box 1114 Augusta 30903 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 103 Floyd M. Buford, Jr. Post Office Box 13183 Macon 31208-3183 153-Post 2 Roger Byrd Post Office Box 756 Hazlehurst 31539 65 Tyrone Carrell Post Office Box 561 Monroe 30655 146 Hanson Carter Post Office Box 711 Nashville 31639 133 Tommy Chambless Post Office Box 2008 Albany 31703-2001 129 George A. Chance, Jr. Post Office 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 Two Danielsville 30633 23 Luther S. Colbert 495 Houze Way Roswell 30076 118 Terry L. Coleman Post Office Box 157 Eastman 31023 4-Post 1 Carlton H. Colwell Post Office Box 850 Blairsville 30512 87 Jack Connell Post Office Box 308 Augusta 30903 36 Barbara H. Couch 3358 Magnolia Court Hapeville 30354 141 Walter E. Cox (deceased) 1109 Pine Street Bainbridge 31717 5 John G. Crawford Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Drive Waycross 31501 17 Bill Cummings 735 Morgan Valley Road Rockmart 30153 72-Post 4 Clay Davis 8602 North Shore Drive Jonesboro 30236 29 Grace W. Davis 260 Fulton Street, S.W. Atlanta 30312 45 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 151 Harry D. Dixon 1303 Coral Road Waycross 31501 128 Sonny Dixon 74 Bazemore Avenue Garden City 31408 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209 11-Post 1 William J. Dover Route Two, Timbrook Clarkesville 30523 73 Wesley Dunn Post Office Box 353 McDonough 30253 112 Ward Edwards Post Office Box 146 Butler 31006 20-Post 5 Earl Ehrhart 3281 Lancer Drive Powder Springs 30073 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 155 Ronald Fennel 903 Dartmouth Street Brunswick 31520 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 6-Post 2 Philip A. Foster 4425 Airport Road, S.E. Dalton 30721 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 Three, Box 119 Cuthbert 31740 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 Post Office Box 755 Macon 31202 124 DeWayne Hamilton Post Office Box 14562 Savannah 31406 131 Robert Hanner Post Office Box 310 Dawson 31742 84 Robert Harris Route Five, Box 593 Thomson 30824 8-Post 2 W. G. Hasty, Sr. Route Nine, Hilton Way Canton 30114 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 72-Post 3 Charles E. Holcomb Post Office Box 122 Jonesboro 30237 136 Ray Holland Route 2, Post Office Box 824 Ashburn 31714 28 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 116 George B. Hooks Post office Box 928 Americus 31709 20-Post 2 Gresham Howren 1820 Macland Woods Drive Powder Springs 30073 117 Newt Hudson Route One, Box 29A Rochelle 31079 13-Post 2 Karen Osborne Irwin 270 Beaverdam Drive Winterville 30683 21-Post 2 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 83 William S. Jackson 3907 Washington Road Martinez 30907 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 80 Curtis S. Jenkins Route Three, Box 174 Forsyth 31029 123 Diane Harvey Johnson Post Office Box 5544 Savannah 31414 76 Suzi Johnson-Herbert 110 Partridge Path Griffin 30223 71 Sidney Jones 15 Atkinson Street Newnan 30263 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 Post Office Box 277 Calhoun 30701 49 Thomas E. Lawrence 2283 Stratmor Drive Stone Mountain 30087 9-Post 2 Bobby Lawson Post Office 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 Post Office 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. Post Office Box 127 Commerce 30529 15-Post 2 Forrest L. McKelvey 1118 Old Rockmart Road, S.E. Silver Creek 30173 40 Cynthia Ann McKinney 765 Shorter Terrace, N.W. Atlanta 30318 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 91 Leonard Meadows Post Office Box 317 Manchester 31816 81 Wade Milam Post Office Box 1361 LaGrange 30241 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 153-Post 1 Lundsford Moody Route One, Box 205 Baxley 31513 139 James C. Moore Route Two West Green 31567 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Court Tucker 30084 93 Roy D. Moultrie Post Office Box 119 Hamilton 31811 126 Anne Mueller 13013 Hermitage Road Savannah 31419 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 121 Clinton Oliver Post Office Box 237 Glennville 30427 53 Mary Margaret Oliver Suite 480 150 East Ponce de Leon Avenue Decatur 30030 9-Post 1 Easton Orr, Sr. Post Office Box 2944 Gainesville 30506 30 Nancy Gorgan Orrock 1070 Delware Avenue, S.E. Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 122 Jim Pannell Post Office Box 10186 Savannah 31412 105 Bobby Eugene Parham Post Office Box 606 Milledgeville 31061 109 Larry Parrish 224 West Main Street Swainsboro 30401 149 Robert L. Patten Route One, Box 180 Lakeland 31635 19 Hugh Boyd Pettit III Post Office Box 1256 Cartersville 30120 100 Frank C. Pinkston Post Office Box 4872 Macon 31208 3 Charles Poag Post Office Box 441, Harris Street Eton 30724 119 DuBose Porter Post Office Drawer B, CSS Dublin 31040 2 McCracken Poston, Jr. Post Office Box 75 Ringgold 30736 145 C. C. Powell Post Office Box 2534 Moultrie 31776-2534 135 Howard H. Rainey 913 Third Avenue, East Cordele 31015 101 William C. Randall Post Office Box 121 Macon 31202 90 Dick Ransom 445 Waverly Drive Augusta 30909 98 Robert Ray Route One, Box 2126 Fort Valley 31030 147 Henry L. Reaves Route Two, Box 83 Quitman 31643 50 Frank Redding Post Office Box 117 Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 96 Pete Robinson Post Office Box 12 Columbus 31902 144 A. Richard Royal Post Office Drawer 607 Camilla 31730 32 Helen Selman Box 315, Jones Ferry Road Palmetto 30268 70 John Simpson 302-A Newnan Street Carrollton 30117 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 78 Larry Smith Post Office Box 4155 Jackson 30233 16 Paul E. Smith Post Office Box 486 Rome 30161 152 Tommy Smith Route One Alma 31510 156 Willou Smith Box 10, Riverfront Plaza Brunswick 31520 92 Calvin Smyre Post Office Box 181 Columbus 31902 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 66 Frank E. Stancil Post Office Box 694 Watkinsville 30677 8-Post 1 Steve Stancil Post Office Box 1421 Canton 30114 33 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 97 Robert Steele Post Office Box 439 Columbus 31904 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 46 Doug Teper 1396 Sylvan Circle Atlanta 30319 69 Charles Thomas, Jr. Post Office Box 686 Temple 30179 31 Mable Thomas Post Office Box 573 Atlanta 30301 20-Post 4 Steve Thompson 4265 Bradley Drive Austell 30001 67 Mike Thurmond Post Office Drawer 1148 Athens 30603 143 Theo Titus III RFD 1, Box 441 Thomasville 31792 58 Tommy Tolbert 1138 Otello Avenue Clarkston 30021 24 Kiliaen V. R. Townsend 56 Paces West Drive, N.W. Atlanta 30327 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 20-Post 1 Jack Vaughan, Jr. 605 Twin Brooks Way Marietta 30067 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 85 Charles W. Walker 1402 Twelfth Street Augusta 30901 115 Larry Walker Post Office Box 1234 Perry 31069 61 Vinson Wall 164 East Oak Street Lawrenceville 30245 77 J. Crawford Ware Post Office Box 305 Hogansville 30230 114 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 41 Charlie Watts 505 Hardee Street Dallas 30132 132 John White Post Office 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 75 John Yates 961 Birdie Road Griffin 30223 14 Charles Yeargin Post Office Box 584 Elberton 30635 134 Mary Young-Cummings 307 Whitney Avenue Albany 31701

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1989-1990 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 2 McCracken Poston, Jr. Post Office Box 75 Ringgold 30736 3 Charles Poag Post Office Box 441, Harris Street Eton 30724 4-Post 1 Carlton H. Colwell Post Office Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs Post Office 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 Post Office Box 277 Calhoun 30701 8-Post 1 Steve Stancil Post Office Box 1421 Canton 30114 8-Post 2 W. G. Hasty, Sr. Route Nine, Hilton Way Canton 30114 9-Post 1 Easton Orr, Sr. Post Office Box 2944 Gainesville 30506 9-Post 2 Bobby Lawson Post Office Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett Post Office Box 755 Cumming 30130 11-Post 1 William J. Dover Route Two, Timbrook Clarkesville 30523 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 12 Lauren McDonald, Jr. Post Office Box 127 Commerce 30529 13-Post 1 Louie M. Clark Route Two Danielsville 30633 13-Post 2 Karen Osborne Irwin 270 Beaverdam Drive Winterville 30683 14 Charles Yeargin Post Office 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 Post Office Box 486 Rome 30161 17 Bill Cummings 735 Morgan Valley Road Rockmart 30153 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 19 Hugh Boyd Pettit III Post Office Box 1256 Cartersville 30120 20-Post 1 Jack Vaughan, Jr. 605 Twin Brooks Way Marietta 30067 20-Post 2 Gresham Howren 1820 Macland Woods Drive Powder Springs 30073 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 20-Post 4 Steve Thompson 4265 Bradley Drive Austell 30001 20-Post 5 Earl Ehrhart 3281 Lancer Drive Powder Springs 30073 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 30082 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 Post Office 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 Post Office 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 Post Office Box 11185 Atlanta 30310-0185 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 36 Barbara H. Couch 3358 Magnolia Court Hapeville 30354 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 39 Ralph David Abernathy III 2785 Engle Road, N.W. Atlanta 30318 40 Cynthia Ann McKinney 765 Shorter Terrace, N.W. Atlanta 30318 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 West Nancy Creek Drive, N.E. Atlanta 30319 46 Doug Teper 1396 Sylvan Circle Atlanta 30319 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 Post Office Box 117 Decatur 30030 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mary Margaret Oliver Suite 480 150 East Ponce de Leon Avenue 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 607E Legislative Office Building Atlanta 30334 57-Post 1 Troy Athon Post Office 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 Keith Breedlove Post Office Box 165 Buford 30518 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 Post Office Box 561 Monroe 30655 66 Frank E. Stancil Post Office Box 694 Watkinsville 30677 67 Mike Thurmond Post Office Drawer 1148 Athens 30603 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 69 Charles Thomas, Jr. Post Office Box 686 Temple 30179 70 John Simpson 302-A Newnan Street Carrollton 30117 71 Sidney Jones 15 Atkinson Street 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 Post Office Box 122 Jonesboro 30237 72-Post 4 Clay Davis 8602 North Shore Drive Jonesboro 30236 72-Post 5 Frank I. Bailey, Jr. Post Office Box 777 Riverdale 30274 73 Wesley Dunn Post Office Box 353 McDonough 30253 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209 75 John Yates 961 Birdie Road Griffin 30223 76 Suzi Johnson-Herbert 110 Partridge Path Griffin 30223 77 J. Crawford Ware Post Office Box 305 Hogansville 30230 78 Larry Smith Post Office Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Curtis S. Jenkins Route Three, Box 174 Forsyth 31029 81 Wade Milam Post Office Box 1361 LaGrange 30241 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 83 William S. Jackson 3907 Washington Road Martinez 30907 84 Robert Harris Route Five, 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 Post Office Box 308 Augusta 30903 88 George M. Brown Post Office Box 1114 Augusta 30903 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 90 Dick Ransom 445 Waverly Drive Augusta 30909 91 Leonard Meadows Post Office Box 317 Manchester 31816 92 Calvin Smyre Post Office Box 181 Columbus 31902 93 Roy D. Moultrie Post Office Box 119 Hamilton 31811 94 Sanford D. Bishop, Jr. Post Office Box 709 Columbus 31902 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 96 Pete Robinson Post Office Box 12 Columbus 31902 97 Robert Steele Post Office Box 439 Columbus 31904 98 Robert Ray Route One, Box 2126 Fort Valley 31030 99 Denmark Groover Post Office Box 755 Macon 31202 100 Frank C. Pinkston Post Office Box 4872 Macon 31208 101 William C. Randall Post Office Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk Street Macon 31201 103 Floyd M. Buford, Jr. Post Office Box 13183 Macon 31208-3183 104 Kenneth W. Birdsong Route One Gordon 31031 105 Bobby Eugene Parham Post Office Box 606 Milledgeville 31061 106 George F. Green 525 Spring Street Sparta 31087 107 Jimmy Lord Post Office Box 254 Sandersville 31082 108 Emory E. Bargeron Post Office 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 Post Office Box 146 Butler 31006 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 114 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 115 Larry Walker Post Office Box 1234 Perry 31069 116 George B. Hooks Post Office Box 928 Americus 31709 117 Newt Hudson Route One, Box 29A Rochelle 31079 118 Terry L. Coleman Post Office Box 157 Eastman 31023 119 DuBose Porter Post Office Drawer B, CSS Dublin 31040 120 Fisher Barfoot 1302 North Loop Road Vidalia 30474 121 Clinton Oliver Post Office Box 237 Glennville 30427 122 Jim Pannell Post Office Box 10186 Savannah 31412 123 Diane Harvey Johnson Post Office Box 5544 Savannah 31414 124 DeWayne Hamilton Post Office 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 Sonny Dixon 74 Bazemore Avenue Garden City 31408 129 George A. Chance, Jr. Post Office Box 373 Springfield 31329 130 Gerald E. Greene Route Three, Box 119 Cuthbert 31740 131 Robert Hanner Post Office Box 310 Dawson 31742 132 John White Post Office Box 3506 Albany 31706 133 Tommy Chambless Post Office 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 Ray Holland Route 2, Post Office Box 824 Ashburn 31714 137 Paul S. Branch, Jr. Route Four Post Office Box 499-A Fitzgerald 31750 138 Henry Bostick Post Office Box 94 Tifton 31793 139 James C. Moore Route Two West Green 31567 140 Ralph J. Balkcom Route One Blakely 31723 141 Kermit Francis Bates, Jr. 1403 Douglas Drive Bainbridge 31717 141 Walter E. Cox (deceased) 1109 Pine Street Bainbridge 31717 142 Bobby Long 1466 Sixth Street, N.W. Cairo 31728 143 Theo Titus III RFD 1, Box 441 Thomasville 31792 144 A. Richard Royal Post Office Drawer 607 Camilla 31730 145 C. C. Powell Post Office Box 2534 Moultrie 31776-2534 146 Hanson Carter Post Office Box 711 Nashville 31639 147 Henry L. Reaves Route Two, Box 83 Quitman 31643 148 James M. Beck 2427 Westwood Drive Valdosta 31602 149 Robert L. Patten Route One, 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 One Alma 31510 153-Post 1 Lundsford Moody Route One, Box 205 Baxley 31513 153-Post 2 Roger Byrd Post Office Box 756 Hazlehurst 31539 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 155 Ronald Fennel 903 Dartmouth Street Brunswick 31520 156 Willou Smith Box 10, Riverfront Plaza Brunswick 31520

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1988 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 2 41 1988 71 3 10 58 TOTALS 1185 45 78 1062

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REFERENDUM ELECTIONS The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

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Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 City of Americus 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : 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 CXC

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 : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results Not Known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla 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 CCVI

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; Agn227 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 CCIX

Georgia Laws, 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Pinball machines 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City : For385; Agn108 Outside City : For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County : For6612; Agn9103 City of Columbus : For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexington 11-6-62 For392 Agn180 Putnam 2440 Certain County Officerscompensation 11-6-62 For626 Agn129 Putnam 3048 Tax Commissioner 11-6-62 For548 Agn184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area : For13; Agn44 In City Tennille : For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page CCXII

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 CCXV

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 CCXVIII

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 CCXIX

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 CCXXI

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 Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page CCXXIII

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 CCXXVI

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 CCXXX

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 CCXXXIV

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 CCXXXVII

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 CCXL

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 CCXLI

Georgia Laws, 1972 : County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 10,177 15,531 City of Macon * Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 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 City of Savannah Not held * * Ga. L. 1973, p. 2268 changed date of election. 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 CCXLVII

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 of 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 CCXLIX

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 CCLI

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 CCLIV

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 CCLVI

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 CCLVIII

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 CCLIX

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 (Unincorporated area) Yes: 2,022 No: 1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50 Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091 Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education 11-7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4-4-78 Yes: 2,449 No: 2,308 Clarke 4573 Use of School Tax in Clarke County 11-7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11-7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 453 No: 692 Rabun 3430 Board of Education 11-7-78 * Yes: 861 No: 300 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No: 167 Telfair 3445 School Board and Superintendent 11-7-78 * #1 386 #2 231 #3 323 Thomas 3746 Tax Commissioner 11-7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No: 797 Twiggs 3408 County Commissioners 8-8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell (Civil Action File No. 18,462) Not Held This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to refer to the Act which called for the referendum.

Page CCLXI

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 CCLXII

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: No: 0

Page CCLXIII

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 CCLXIV

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 CCLXVIII

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 CCLXXI

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 CCLXXV

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 precleared 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 Election; 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 CCLXXVIII

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; Referendum 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 precleared 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 CCLXXXIII

Georgia Laws, 1987 : REFERENDUM ELECTIONS RESULTS: ACTS OF 1988 SESSION OF THE GENERAL ASSEMBLY 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 11-8-88 Yes: 1,025 No: 606 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 8-9-88 Yes: 1,277 No: 553 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 11-8-88 Yes: 131,209 No: 35,740 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 Redevelopment Powers 3-8-88 Yes: 1,272 No: 1,863 Peach City of Byron 5394 School Superintendent; Appointment Not Held Peach City of Fort Valley 5409 Redevelopment Powers 4-6-88 Yes: 847 No: 358 Peach 5397 Redevelopment Powers Not Held Pulaski 4263 School Superintendent; Appointment 3-8-88 Yes: 679 No: 1,081 Pulaski 4241 Board of Education; Elections 11-8-88 Yes: 960 No: 479 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 11-8-88 Yes: 1,847 No: 411 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 CCLXXXVII

Georgia Laws, 1988 : REFERENDUM ELECTION RESULTS: ACTS OF 1988 SESSION OF THE GENERAL ASSEMBLY County Page No. SUBJECT Date of Election Result Barrow 3501 Board of Education; Compensation; Terms; Elections; Districts 4-12-88 Yes: 637 No: 62 Barrow 3674 School District; Homestead Exemption; Residents 62 or Older 8-9-88 Yes: 4,226 No: 549 Bartow 4101 Motor Vehicle Registration periods 8-9-88 Yes: 1,858 No: 1,060 Ben Hill and City of Fitzgerald 3573 Ben Hill Co. Public School System; Merger with School System of City of Fitzgerald 6-21-88 Yes: 517 No: 801 6-21-88 Yes: 822 No: 284 Berrien 3832 School District; Homestead Exemption; Residents 62 or Older Referendum Not Held Butts 4729 Board of Commissioners; Powers; County Manager Created 8-9-88 Yes: 1,563 No: 955 Catoosa 4182 Board of Commissioners; Creation; Districts; Elections; Terms To Be Held Nov. 1990 Chatham City of Savannah 3706 Homestead Exemption; Residents 65 or Older or Disabled 11-8-88 Yes: 20,190 No: 3,006 Cherokee 3677 School District; Homestead Exemption 11-8-88 Yes: 13,575 No: 2,501 Clarke City of Athens 3794 Redevelopment Powers Not Pre-Cleared by U.S. Justice Dept. Clayton 4307 School District; Superintendent; Appointment 11-8-88 Yes: 12,314 No: 26,995 Clayton 4001 Board of Education; Number of Members 11-8-88 Yes: 20,610 No: 17,155 Clayton 3527 Staggered Motor Vehicle Registration Periods 3-8-88 Yes: 14,472 No: 8,627 Clayton 3523 Homestead Exemption; School District Taxes 11-8-88 Yes: 32,925 No: 7,153 Clayton City of Riverdale 3951 Homestead Exemption 10-8-88 Yes: 597 No: 35 Cobb 4479 Motor Vehicle Registration Periods 11-8-88 Yes: 102,080 No: 21,916 Cobb 4070 Homestead Exemption 11-8-88 Yes: 93,785 No: 29,194 Cobb 4286 School System; Homestead Exemption 11-8-88 Yes: 76,495 No: 32,915 Coffee City of Douglas 4282 Homestead Exemption To Be Held June 1989 Columbia 4622 Homestead Exemption 11-8-88 Yes: 15,372 No: 3,111 Coweta 4714 School District; Homestead Exemption 11-8-88 Yes: 10,497 No: 2,412 Crawford 4063 School District; Homestead Exemption 11-8-88 Yes: 1,092 No: 253 DeKalb 4114 Homestead Exemption 11-8-88 Yes: 122,174 No: 27,547 DeKalb 4160 School District; Homestead Exemption 11-8-88 Yes: 107,585 No: 29,336 DeKalb 4740 Governing Authority; Vote of Chief Executive; Department Heads under Merit System 11-8-88 Yes: 76,350 No: 59,347 Dougherty City of Albany 4748 Homestead Exemption Referendum Not Held Effingham City of Springfield 4091 Corporate Limits Referendum Not Held Floyd 4856 School District; Homestead Exemption 8-9-88 Yes: 7,014 No: 1,390 Floyd City of Rome 4484 School District; Homestead Exemption 8-9-88 Yes: 4,607 No: 698 Fulton 4034 Homestead Exemption 11-8-88 Yes: 131,209 No: 35,740 Fulton City of Hapeville 4866 Homestead Exemption 11-8-88 Yes: 1429 No: 146 Gilmer 4886 Board of Commissioners; Creation; Districts; Elections; Powers; County Manager 5-17-88 Yes: 1,863 No: 1,299 Gilmer 4894 Board of Education; Nonpartisan Elect. 8-9-88 Yes: 1,381 No: 369 Gilmer 4903 School System; Superintendent; Nonpartisan Election 8-9-88 Yes: 1,336 No: 380 Gwinnett City of Dacula 3667 Homestead Exemption 11-19-88 Yes: 168 No: 34 Gwinnett 4199 School District; Homestead Exemption 11-8-88 Yes: 61,404 No: 22,771 Gwinnett 4023 School District; Homestead Exemption for Elderly and Disabled 11-8-88 Yes: 65,941 No: 19,844 Gwinnett 4627 Coroner Abolished; Medical Examiner Established 8-9-88 Yes: 17,325 No: 5,088 Gwinnett 4039 Homestead Exemption 11-8-88 Yes: 60,907 No: 25,291 Habersham 4112 Motor Vehicle Registration Periods Referendum Not Held Hart 3604 Board of Commissioners; Creation 4-12-88 (1) 984 (2) 628 (3) 943 4-26-88 Runoff (1) 1439 (2) 1,698 Henry 4633 Board of Commissioners; Chairman as Chief Executive Officer; County Administrator Abolished To Be Held November 1989 Henry 4310 School District; Homestead Exemption 11-8-88 Yes: 11,413 No: 2,823 Houston 4007 School District; Superintendent; Appoint 8-9-88 Yes: 2,681 No: 6,432 Jeff Davis City of Hazlehurst 4861 Advisory Referendum regarding Sales of Beer and Wine Referendum Not Held Lumpkin 4880 School District; Homestead Exemption 11-8-88 Yes: 3,009 No: 527 Monroe 3540 Board of Commissioners; Terms 3-8-88 Yes: 1,198 No: 778 Newton 4045 Homestead Exemptions; County and School District Taxes Referendum Not Held Peach City of Byron 3656 Redevelopment Powers 4-6-88 Yes: 64 No: 59 Peach 4598 School District; Homestead Exemption 11-8-88 Yes: 2,532 No: 815 Pierce 3543 School Superintendent; Appointment Referendum Not Held (See Act No. 1129 Ga. Law 1988 P. 4898) Pierce 4898 School District; Superintendent; Appoint 5-10-88 Yes: 394 No: 1,072 Pike 3824 School District; Homestead Exemption; Residents 62 or Older 11-8-88 Yes: 2,037 No: 518 Richmond 4147 School District; Homestead Exemption 11-8-88 Yes: 33,005 No: 7,709 Richmond 4043 Motor Vehicle Registration Periods 11-8-88 Yes: 27,047 No: 11,602 Richmond 3971 Board of Commissioners as Augusta-Richmond County Commission-Council For Both County and City 11-8-88 Yes: 25,129 No: 19,153 Richmond City of Augusta 3987 Reorganized Government of City and Richmond County; Repeal of City Charter 11-8-88 Yes: 7,180 No: 4,789 Rockdale and City of Conyers 3899 County Charter Commission Creation Referendum Not Held Rockdale 3990 Motor Vehicle Registration Periods 11-8-88 Yes: 11,589 No: 4,547 Rockdale 3659 Homestead Exemption; County and School District Taxes 8-9-88 Yes: 5,507 No: 1,330 Sumter 3702 Staggered Motor Vehicle Registration Periods 8-9-88 Yes: 1,596 No: 1,134 Sumter City of Americus 3550 Sumter County Public School System-Creation; Merger of Sumter County and City of Americus School Systems 6-21-88 Yes: 1,530 No: 592 Upson 3821 Homestead Exemption; County Taxes; Disabled Residents 11-8-88 Yes: 2,598 No: 480 Upson 3685 School District; Homestead Exemption; Disabled Residents 11-8-88 Yes: 3,702 No: 900 Upson 3828 School District; Homestead Exemption; Residents 62 or Older Referendum Not Held Walton 4710 School District; Homestead Exemption for Elderly 8-9-88 Yes: 3,876 No: 739 Walton 4720 School District; Homestead Exemption for Disabled 8-9-88 Yes: 3,448 No: 1,025 Walton 4723 Motor Vehicle Registration Periods 8-9-88 Yes: 3,248 No: 1,157 White 4493 School District; Homestead Exemption 8-9-88 Yes: 2,634 No: 628 White 4472 Homestead Exemption 8-9-88 Yes: 2,541 No: 661 White 3515 Board of Commissioners; Re-Creation 3-8-88 Yes: 1,278 No: 715

Page CCLXLII

PROPOSED CONSTITUTIONAL AMENDMENTS A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, fifteen Constitutional Amendments to the Constitution of the State of Georgia of 1983 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 8, 1988; and WHEREAS: The number of votes cast for and against the ratification of the 15 Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 8, 1988, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendment numbers 3, 4, 7, 8, 13 and 14 which appeared upon the 1988 General Election Ballot, all of which are Amendments to the Constitution of the State of Georgia of 1983, having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1988 General Election held on Tuesday, November 8, 1988, are a part of the Constitution of the State of Georgia of 1983. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1989.

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FURTHER: I do proclaim that proposed Constitutional Amendment numbers 1, 2, 5, 6, 9, 10, 11, 12 and 15 which appeared upon the 1988 General Election Ballot, which was a proposed Amendment to the Constitution of the State of Georgia of 1983 not having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1988 General Election held on Tuesday, November 8, 1988, is not a part of the Constitution of the State of Georgia of 1983. This 15th day of December 1988. /s/ Joe Frank Harris GOVERNOR ATTEST /s/ Tom Lewis SENIOR EXECUTIVE ASSISTANT (SEAL) I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 8, 1988, the number of votes cast for and against the fifteen (15) General Constitution Amendments voted on in said election are tabulated on the three typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this fifteenth day of December, in the year of our Lord One Thousand Nine Hundred and Eightyeight and of the Independence of the United States of America the Two Hundred and Thirteenth. /s/ Max Cleland Max Cleland Secretary of State

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GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 8, 1988 1. S.R.270 Res.Act88 (Ga.L.1988, P.2100) 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? YES: 598,817 39.81% NO: 905,525 60.19% 2. S.R.7 Res.Act93 (Ga.L.1988, P.2114) 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 statewide general election? YES: 560,321 37.45% NO: 935,782 62.55% 3. S.R.274 Res.Act61 (Ga.L.1988, P.2096) 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? YES: 840,266 57.59% NO: 618,716 42.41% 4. H.R.587 Res.Act68 (Ga.L.1988, P.2098 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? YES: 883,770 60.80% NO: 569,803 39.20% 5. S.R.247 Res.Act94 (Ga.L.1988, P.2116) 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? YES: 639,354 46.95% NO: 722,299 53.05% 6. S.R.267 Res.Act96 (Ga.L.1988, P.2121) 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? YES: 392,622 29.40% NO: 942,710 70.60% 7. S.R.347 Res.Act97 (Ga.L.1988, P.2125) 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? YES: 711,506 52.17% NO: 652,329 47.83% 8. H.R.552 Res.Act89 (Ga.L.1988, P.2106) 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? YES: 684,883 50.39% NO: 674,250 49.61% 9. H.R.16 Res.Act88 (Ga.L.1988, P.2104) 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? YES: 651,643 48.52% NO: 691,303 51.48% 10. H.R.626 Res.Act90 (Ga.L.1988, P.2108) Shall the Constitution be amended so as to authorize the issuance of temporary loans on behalf of special service districts? YES: 469,847 34.65% NO: 886,144 65.35% 11. H.R.659 Res.Act91 (Ga.L.1988, P.2110) 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? YES: 660,061 49.33% NO: 678,033 50.67% 12. H.R.792 Res.Act92 (Ga.L.1988, P.2112) 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? YES: 651,376 49.57% NO: 662,750 50.43% 13. S.R.265 Res.Act95 (Ga.L.1988, P.2119) 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 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? YES: 782,297 57.26% NO: 583,851 42.74% 14. S.R.350 Res.Act98 (Ga.L.1988, P.2126) 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? YES: 840,889 60.53% NO: 548,431 39.48% 15. S.R.99 Res.Act41 (Ga.L.1988, P.1598) Shall the Constitution be amended so as to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum? YES: 399,104 30.13% NO: 925,692 69.87%

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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR May 8, 1989 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 15, 104, 351, 381, 464, 473, 576 and 896 which were passed by the General Assembly of Georgia at the 1989 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

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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR May 8, 1989 Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 235 and 25 which were passed by the General Assembly of Georgia at the 1989 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 of the 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

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VETO NO. 1HOUSE BILL 576 BY REPRESENTATIVE COLWELL This bill in its original form provided that a probationer would be required to serve a period of revocation of his probation in the jail of the county of the original conviction. The bill was amended by adding a provision relating to procedures for determining a chief jailer in a regional jail. A question arose regarding the statewide application of this legislation in light of its amendment, and because of further technical difficulties, the author of the bill requested that I veto House Bill 576. For these reasons, I vetoed the legislation. VETO NO. 2HOUSE BILL 896 BY REPRESENTATIVE PADGETT This bill set up the procedure for the Consolidated Board to govern the City of Augusta and the County of Richmond. Technical problems were found in this local legislation after its passage, and another bill was passed to correct the technical problems in the original bill. The author of the legislation requested that the original bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 3HOUSE BILL 351 BY REPRESENTATIVE HOLMES This bill changed the election law so as to provide that certain qualifying petitions, nominating petitions and petitions to qualify political parties would consist of cards containing certain information. After passage of this bill, it was discovered that problems would arise in implementing the procedures provided for under the legislation. After conferring with the Secretary of State's office, the author of the legislation asked that the bill be vetoed. For this reason, I vetoed the legislation.

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VETO NO. 4HOUSE BILL 104 BY REPRESENTATIVE REDDING This bill amended the Merit System Act so as to define the application of the term, working test employee. Under present law, an employee transferring from one department to another would still be subject to the six-month working test period although he had been an employee with another state agency for a number of years. The purpose of this legislation was to prevent the employing agency from being able to fire the transferring employee during the working test period. This legislation would have provided that if a transferring employee's work performance was found to be unsatisfactory during the working test period, the employee would be allowed to return to a permanent status position in the agency from which the employee transferred, if the position were vacant, or be placed by the new agency in a position in a class in which the employee formerly held permanent status. If no position were available, then the employee would be placed in the next available position and a reduction in force would ensue. The net effect of the legislation could result in an employee, through no fault of his own, losing his job through a reduction in force because another employee had transferred into that department without satisfactorily completing the working test period. The practical effect of the legislation would be that interdepartmental transfers would not exist since an agency would not want to take a chance on the transferring employee having an unsatisfactory working test period. Because I feel this bill would have had a detrimental effect on state employees and on the operation of state business, I vetoed the legislation. VETO NO. 5HOUSE BILL 381 BY REPRESENTATIVE MCDONALD This bill added technical language to the Appropriations Act for the state fiscal year ending June 30, 1989. This language was included in the amended budget which had previously been

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signed thereby, making this bill moot. For this reason, I vetoed the legislation. VETO NO. 6SENATE BILL 235 BY SENATOR ENGLISH This bill provided for certain definitions with respect to the term, traumatic brain injury. After passage, technical problems were found with the legislation and another bill was passed which included the proper definition. For this reason, the author of this legislation requested that this bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 7HOUSE BILL 473 BY REPRESENTATIVE CHEEKS This legislation provided that vehicles carrying automobiles could be 65 feet in length as long as the load did not exceed 65 feet. The bill was amended to provide that vehicles transporting live poultry could be 65 feet in length. Both of these would be special exemptions to the present law. After passage of the legislation, the Georgia Supreme Court issued a decision which said that although a distinction could be made for automobile carriers, no such distinction could be made to allow an exemption for vehicles carrying live poultry. The effect of the decision was to allow all vehicles the same exemption as was given to vehicles carrying live poultry. Therefore, the effect of this bill would have allowed all vehicles to be at least 65 feet in length, as long as the load did not exceed 65 feet. Since the effect of this bill was changed by the Supreme Court's decision and it was not the purpose of the supporters of this legislation to increase the vehicle length of all trucks, it was agreed that this bill should be vetoed. For these reasons, I vetoed the legislation.

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VETO NO. 8HOUSE BILL 464 BY REPRESENTATIVE REAVES This bill would have exempted certain vehicles carrying farm produce from the maximum length requirements set for all other vehicles. In effect, vehicles carrying agricultural products would have been allowed to be at least 67 feet long. Because of the the Georgia Supreme Court's decision mentioned in the message for Veto No. 7, the effect of this legislation would have allowed all vehicles traveling on the highways of this State to be at least 67 feet long. Because this was not the intent of the General Assembly in passing this legislation, I vetoed this bill. VETO NO. 9HOUSE BILL 15 BY REPRESENTATIVE LANE This bill would have amended the legislation creating the State Boxing Commission to provide that this Commission would be authorized to regulate professional wrestling in this State and be renamed the State Boxing and Wrestling Commission. Due to the number of wrestling matches held in this State on a weekly basis, a number of staff personnel and investigators would be needed to implement the provisions of this legislation; however no funding was provided to implement the provisions of this legislation on July 1, 1989. Additionally, certain technical problems were found in the legislation which would have made the implementation of the legislation extremely difficult for the Commission to carry out. For these reasons, I vetoed the bill. VETO NO. 10SENATE BILL 25 BY SENATOR BARNES This bill would provide that in death penalty cases, during the phase in which the jury is determining whether the defendant is to receive life or the death penalty, the trial judge would be authorized to direct a death sentence for the defendant if at

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least 10 of the 12 jurors voted to impose the death penalty. Presently, all 12 jurors must agree to impose the death penalty, for the defendant to receive a death sentence. I support capital punishment under the lawwithout exceptionbut in the final analysis, I believe that the decision to execute an individual should be made by no less than a unanimous vote of 12 citizens. For this reason, I vetoed this bill.

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For any information regarding these ACTS and RESOLUTIONS please contact: MAX CLELAND Secretary of State